Your SlideShare is downloading. ×
Design Law India
Design Law India
Design Law India
Design Law India
Design Law India
Design Law India
Design Law India
Design Law India
Design Law India
Design Law India
Design Law India
Design Law India
Design Law India
Design Law India
Design Law India
Design Law India
Design Law India
Design Law India
Design Law India
Design Law India
Design Law India
Design Law India
Design Law India
Design Law India
Design Law India
Design Law India
Design Law India
Upcoming SlideShare
Loading in...5
×

Thanks for flagging this SlideShare!

Oops! An error has occurred.

×
Saving this for later? Get the SlideShare app to save on your phone or tablet. Read anywhere, anytime – even offline.
Text the download link to your phone
Standard text messaging rates apply

Design Law India

3,453

Published on

Law of Industrial Patent Designs in India by Vijay Pal Dalmia, Advocate, Partner and Head IP & IT Laws Division, Vaish Associates Advocates

Law of Industrial Patent Designs in India by Vijay Pal Dalmia, Advocate, Partner and Head IP & IT Laws Division, Vaish Associates Advocates

0 Comments
1 Like
Statistics
Notes
  • Be the first to comment

No Downloads
Views
Total Views
3,453
On Slideshare
0
From Embeds
0
Number of Embeds
1
Actions
Shares
0
Downloads
0
Comments
0
Likes
1
Embeds 0
No embeds

Report content
Flagged as inappropriate Flag as inappropriate
Flag as inappropriate

Select your reason for flagging this presentation as inappropriate.

Cancel
No notes for slide

Transcript

  • 1. Intellectual Property & Information Technology Laws Division
  • 2. The Design Act, 2000 The Design Rules, 2001
  • 3. Industrial designs is one of the categories of IPR where the design system focuses on the aesthetic feature of an article derived from its visual appearance. Relevant aspects are the shape, configuration, surface pattern, the colour or line or a combination thereof as applied to an article which produces an aesthetic impression on the sense of sight.
  • 4. Features of shape, configuration, pattern, ornament, composition of colour or line or a combination thereof Applied to any article Whether 2D or 3D or in both forms By any industrial process or means Appeal to and are judged solely by the eye.
  • 5. New or Original Relate to features of shape, configuration, pattern or ornamentation Applied to articles by any industrial process. Appeal to and solely judged by the eye. It should not include any Trademark or Property mark or It should not include artistic works as defined under the Copyright Act It should not be mere mechanical Device
  • 6. Has not been disclosed to the public anywhere in any tangible form or by use or in any other way prior to the date of filing/priority date; Is significantly distinguishable from known designs or combinations thereof; Does not comprise or contain scandalous or obscene matter
  • 7. Any person whether a citizen of India or not ◦ Person includes Individual Legal entity ◦ Claiming to be the Proprietor His Legal representative His Assignee Application can be made either jointly or separately
  • 8. Date of registration is the actual date of filing of the application. In case of registration of design with priority, the date of registration is the date of making an application in the reciprocal country. The period for making such an application in the reciprocal country is 6 months.
  • 9. (i) Application form 1 with requisite fee of Rs. 1,000/-, should contain full name, nationality, address, class no, articles name and address for service in India. (ii) Four sets of Representation sheets in durable paper of A4 size, pasted with the photographs/drawings of the article from different angles. (iii) Power of attorney (if required) (iv) Priority document (for convention application).
  • 10. A4 size white durable paper Sheet Number to be mentioned in each sheet Photographs/line diagrams/computer graphics of the article Name of the views Statement of novelty Disclaimer Signature of the applicant/agent Date
  • 11. An Application for ◦ Registration of Designs ◦ Request for Extension of Copyrights ◦ Petition for Cancellation of Designs ◦ Rectification of Register of Designs Can be filed at ◦ Head Office at Kolkata; ◦ Branch Offices at Delhi, Mumbai & Chennai. Branch Offices will transmit the documents to Head Office for Processing and Prosecuting the same
  • 12. Exclusive right to apply a Design to the article in the class in which the design has been registered. Proprietor of Design can sue for infringement. Right to assign or license his Design for a consideration or Royalty.
  • 13. 10 Years from the date of registration Extendable for another 5 years on payment of renewal fee of Rs. 2000/-
  • 14. Previously registered in India Published in India or other Countries prior to the date of registration Not a new or original Design Not a Registerable Design under this Act Not a Design under Section 2(d) of this Act
  • 15. Concept of Partial Design and Infringement No Infringement Infringement
  • 16. Registration of design will lapse on non- payment of extension fee for further term of 5 years if the same is not paid before the expiry of 10 years. Design may be restored on: ◦ Application for restoration in prescribed form with a fee of Rs. 1000/- within 1 year from the date of lapse. ◦ If the application is allowed, an additional fee of Rs.1000/ is charged.
  • 17. Year Indians Foreigners Total 1993-94 1453 202 1655 1994-95 1570 280 1850 1995-96 1783 241 2024 1996-97 1922 435 2357 1997-98 2056 539 2595 1998-99 2381 695 3076
  • 18. Filed 4017 4017 3718 2004-2005 Examined Registered 2257 3228 2547 2003-2004 3124 3124 2364 2002-2003 3840 3840 3840 3840 2426 2426 2001-2002 3207 2874 3207 2430 2000-2001 2067 1382 1999-2000 0 2000 4000 6000 8000 10000 12000 14000
  • 19. Share of Designs by Selected Countries Korea Other 16% 21% India 2% Australia Japan 2% 21% France 4% Austria 3% UK 5% Germany 5% China USA 13% 8%
  • 20. FEES No. of On What possible Form Fee (Rs.) entry No. 1 On application for registration of Design under 1 1000.00 Section 5 & 44 2 On claim under Section 8(1 ) to proceed as an 2 500.00 applicant or joint applicant 3 On application for extension of copyright under 3 2000.00 Section 11(2) 4 On Application for Restoration of lapsed design 4 1000.00 under Section 12(2) 5 Additional fee for Restoration --- 1000.00 6 Inspection of Registered design under Section 5 500.00 17(1) 7 On request for information of design when 6 500.00 registration No. is given under Section 18. 8 On request for information of design when 7 1000.00 registration No. not given . Contd …
  • 21. FEES No. of On What possible Form Fee (Rs.) entry No. 9 On application for cancellation of design under 8 1500.00 Section 19 10 Notice of intended exhibition or publication of an 9 500.00 unregistered design under Section 21 11 Application for registration of a document in 10 Register of Designs under Section 30(3): 500.00 (i) In respect of one Design; 200.00 (ii) For each additional Design 12 One application for entry of name of proprietor or 11 part proprietor in Register of Designs under Section 30: 500.00 (i) In respect of one Design; 200.00 (ii) For each additional Design 13 On application for entry of mortgage or license in 12 Register of designs under Section 30: (i) In respect of one Design; 500.00 (ii) For each additional Design 200.00
  • 22. FEES No. of On What possible Form Fee (Rs.) entry No. 14 Application for entry of notification of a document in 13 the Register of designs under Section 30 and Rule 37: 500.00 (i) In respect of one Design; 200.00 (ii) For each additional Design 15 On request for correction of clerical error under 14 500.00 Section 29 16 On request for certificate under Section 26 and 15 500.00 Rule 42 17 On application for certified copy of Registered 16 500.00 design Under Section 17(2) 18 On application for rectification of Register of 17 500.00 design Under Section 31 19 On application for extension of time for filing 18 200.00 priority Document under Rule 15. (per month) 20 On Notice of opposition under Rule 40 19 100.00
  • 23. FEES No. of On What possible Form Fee (Rs.) entry No. 21 Notice of intention to attend hearing under Rule 20 500.00 29 and 40 22 Form for authorization of agent or other person. 21 ---- 23 On request to alter name or address or address 22 200.00 for Service in the Register of design under Rule 31. 24 On request for entries of two addresses in the 23 200.00 Register of Design. 25 On petition under Rule 46 for amendment of any --- 500.00 document 26 On petition under Rule 47 for amendment of any --- 500.00 document 27 Inspection of Register of Design under Rule 38 (in --- 250.00 respect of each design).
  • 24. THANK YOU FOR YOUR VALUABLE TIME & LISTENING Intellectual Property & Information Technology Laws Division Flat No 903, Indra Prakash, 21, Barakhamba Road, New Delhi 110001 (India) Phone: +91 11 42492532 (Direct) Phone: +91 11 42492525 Ext 532 Mobile :- 9810081079 Fax: +91 11 23320484 email:- vpdalmia@vaishlaw.com

×