Law Of Industrial Patent Design In India by Vijay Dalmia

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Law of Industrial Patent Designs in India- Procedure & Remidies by Vijay Pal Dalmia, IP Lawyer

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Law Of Industrial Patent Design In India by Vijay Dalmia

  1. 1. Intellectual Property & Information Technology Laws Division By Vijay Pal Dalmia, Advocate Head Intellectual Property & Information Technology Laws Division
  2. 2.  The Design Act, 2000  The Design Rules, 2001
  3. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 13.  10 Years from the date of registration  Extendable for another 5 years on payment of renewal fee of Rs. 2000/-
  14. 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. 15. Concept of Partial Design and InfringementConcept of Partial Design and Infringement InfringementInfringement No InfringementNo Infringement
  16. 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. 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. 18. 28743207 3840 3124 2257 4017 2067 3207 3840 3124 3228 4017 1382 2430 2426 2364 2547 3718 0 2000 4000 6000 8000 10000 12000 14000 1999-2000 2000-2001 2001-2002 2002-2003 2003-2004 2004-2005 Filed Examined Registered
  19. 19. Share of Designs by Selected Countries Korea 16% Japan 21% Other 21% UK 5% Germany 5% USA 8% Australia 2% France 4% Austria 3% India 2% China 13%
  20. 20. No. of entry On What possible Form No. Fee (Rs.) 1 On application for registration of Design under Section 5 & 44 1 1000.0 0 2 On claim under Section 8(1 ) to proceed as an applicant or joint applicant 2 500.00 3 On application for extension of copyright under Section 11(2) 3 2000.0 0 4 On Application for Restoration of lapsed design under Section 12(2) 4 1000.0 0 5 Additional fee for Restoration --- 1000.0 0 6 Inspection of Registered design under Section 17(1) 5 500.00 7 On request for information of design when registration No. is given under Section 18. 6 500.00 8 On request for information of design when registration No. not given . 7 1000.0 0 FEESFEES Contd …
  21. 21. No. of entry On What possible Form No. Fee (Rs.) 9 On application for cancellation of design under Section 19 8 1500.00 10 Notice of intended exhibition or publication of an unregistered design under Section 21 9 500.00 11 Application for registration of a document in Register of Designs under Section 30(3): (i) In respect of one Design; (ii) For each additional Design 10 500.00 200.00 12 One application for entry of name of proprietor or part proprietor in Register of Designs under Section 30: (i) In respect of one Design; (ii) For each additional Design 11 500.00 200.00 13 On application for entry of mortgage or license in Register of designs under Section 30: (i) In respect of one Design; (ii) For each additional Design 12 500.00 200.00 FEESFEES
  22. 22. No. of entry On What possible Form No. Fee (Rs.) 14 Application for entry of notification of a document in the Register of designs under Section 30 and Rule 37: (i) In respect of one Design; (ii) For each additional Design 13 500.00 200.00 15 On request for correction of clerical error under Section 29 14 500.00 16 On request for certificate under Section 26 and Rule 42 15 500.00 17 On application for certified copy of Registered design Under Section 17(2) 16 500.00 18 On application for rectification of Register of design Under Section 31 17 500.00 19 On application for extension of time for filing priority Document under Rule 15. 18 200.00 (per month) 20 On Notice of opposition under Rule 40 19 100.00 FEESFEES
  23. 23. No. of entry On What possible Form No. Fee (Rs.) 21 Notice of intention to attend hearing under Rule 29 and 40 20 500.00 22 Form for authorization of agent or other person. 21 ---- 23 On request to alter name or address or address for Service in the Register of design under Rule 31. 22 200.00 24 On request for entries of two addresses in the Register of Design. 23 200.00 25 On petition under Rule 46 for amendment of any document --- 500.00 26 On petition under Rule 47 for amendment of any document --- 500.00 27 Inspection of Register of Design under Rule 38 (in respect of each design). --- 250.00 FEESFEES
  24. 24. THANK YOU FOR YOUR VALUABLE TIME &THANK YOU FOR YOUR VALUABLE TIME & LISTENINGLISTENING 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 Intellectual Property & Information Technology Laws Division Vijay Pal Dalmia, Advocate Head Intellectual Property & Information Technology Laws Division

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