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Protection for jewellery design patent -designs -copyright

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Protection for jewellery design patent -designs -copyright

  1. 1. CHENNAI 3rd Floor, ‘Creative Enclave’, 148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 PROTECTION FOR JEWELLERY DESIGNPATENT ? DESIGNS/ COPYRIGHT. COIMBATORE BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 EMAIL info@altacit.com WEBSITE www.altacit.com BY SUCHITRA BAI ALTACIT GLOBAL
  2. 2. MEANING OF JEWELLERY CHENNAI 3rd Floor, ‘Creative Enclave’, 148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 EMAIL info@altacit.com WEBSITE www.altacit.com A small decorative item worn for personal adornment, such as brooches, rings, necklaces, earrings, and bracelets.
  3. 3. DEFINITION OF PATENT CHENNAI 3rd Floor, ‘Creative Enclave’, 148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 EMAIL info@altacit.com WEBSITE www.altacit.com A Patent is an intellectual property right relating to inventions and is the grant of exclusive right, for limited period, provided by the Government to the patentee, in exchange of full disclosure of his/her invention, for excluding others, from making, using, selling, importing the patented product or process producing that product for those purposes.
  4. 4. DEFINITION OF DESIGN CHENNAI 3rd Floor, ‘Creative Enclave’, 148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 EMAIL info@altacit.com WEBSITE www.altacit.com • A Design refers to the features of shape, configuration. pattern, ornamentation or Composition of lines or colours applied to any article, whether in two or three dimensional (or both) forms. This may be applied by any Industrial process or means (manual, mechanical Or chemical) separately or by a combined process, which in the finished article appeals to and Judged solely by the eye. Design does not include any mode or principle of construction or anything which is mere mechanical device. It also does not Include any trade mark or any artistic work.
  5. 5. COMPARISON BETWEEN PATENT AND DESIGN CHENNAI 148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 Description Patent Design Essential Features i. Novelty ii. Inventive Step and iii. Industrial Applicability Novel aesthetic features in the design involving an idea or a concept consisting of shape, configuration, pattern, ornament composition of colour etc. Protection Sought for Product or Process., Functionality/working methodology. Term of Protection 20 years from the date of filing application. 10 years from the date of filing No further extensions available. application and can be further extended for 5 years for the Copyright in the design. Requirements for filing 3rd Floor, ‘Creative Enclave’, a) Abstract. b) Background of the invention or prior art. c) Description of the invention which should comprise of a summary of the invention, the working methodology and the illustrations/drawings. d) Claims. Photographs/lined drawings of the article illustrating all the novel features of the design. A minimum of 3 views (5 copies each) of the design such as top view, bottom view, perspective view, front view, back view, side view, have to be submitted. Procedure Approx. 4-5 years from the date of filing. Approx. 6 months from the date of filing. BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 ie., Design protects features which has visual appearance. EMAIL info@altacit.com WEBSITE www.altacit.com
  6. 6. COPYRIGHT IN DESIGNS CHENNAI 3rd Floor, ‘Creative Enclave’, 148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 EMAIL info@altacit.com WEBSITE www.altacit.com "Copyright" means the exclusive right to apply a design to any article in any class in which the design is registered.
  7. 7. COPYRIGHT PROVISION AS APPLIED TO A DESIGN CHENNAI 3rd Floor, ‘Creative Enclave’, 148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 EMAIL info@altacit.com WEBSITE www.altacit.com • A creator of the design shall keep in mind the following provisions of the copyright Act, 1957: 1. Copyright shall not subsist under the copyright act in any design which is registered under the Designs Act. 2. Copyright in any design, which is capable is being registered but which has not been so registered shall cease as soon as any article to which the design has been applied has been produced more than fifty times by an industrial process, by the owner of the copyright, or with his license by any other person.
  8. 8. INTERNATIONAL CLASSIFICATION FOR JEWELLERY CHENNAI 3rd Floor, ‘Creative Enclave’, 148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 EMAIL info@altacit.com WEBSITE www.altacit.com • U.S. DESIGN CLASSES: 11 • LOCARNO CLASSIFICATION: 11
  9. 9. IMAGES OF JEWELLERY DESIGN CHENNAI 3rd Floor, ‘Creative Enclave’, 148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 EMAIL info@altacit.com WEBSITE www.altacit.com
  10. 10. GROUND FOR CANCELLATION OF REGISTRATION OF DESIGN MAY BE FILED ON ANY OF THE FOLLOWING GROUNDS CHENNAI 3rd Floor, ‘Creative Enclave’, 148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 EMAIL info@altacit.com WEBSITE www.altacit.com 1. That the design has been previously registered in India. 2. That the design has been published in India or in any other country prior to the date of registration. 3. That the design is not a new or original. 4. That the design is not registrable under this Designs Act. 5. That it is not a design as defined under section 2 (d).
  11. 11. CHENNAI 3rd Floor, ‘Creative Enclave’, 148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 EMAIL info@altacit.com WEBSITE www.altacit.com THANK YOU

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