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Design registration


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Design registration

  1. 1. Advocates & Legal Consultants<br />Design application in India<br />D-49, 1st Floor, Sector-63,<br />Noida-201301, U.P.-INDIA<br />0120-4740700, 4740722<br />
  2. 2. What is a Design<br /><ul><li>A Design refers to the features of shape, configuration, pattern, ornamentation or composition of lines or colors applied to any article, whether in 2-D or 3-D (or both) forms.
  3. 3. This can be applied to any industrial process or means (manual, mechanical or chemical) separately or by a combined process, which in the finished article appeals to & judged solely to the eye.
  4. 4. Design does not include any mode or principle of construction or anything which is mere mechanical device.
  5. 5. It also does not include any trade mark or any artistic work. </li></li></ul><li> Set of Articles<br />
  6. 6. Essential Requirements of Registration<br />
  7. 7. Exclusions from scope of Registration<br />Designs which are primarily of artistic or literary character are not protectable under the Designs Act<br />
  8. 8. The design must not be dictated solely by its technical function. Design protection is not accorded to features of appearance of a product which must be reproduced in their exact forms and dimensions in order to permit the product in which the design is incorporated or to which it is applied to be assembled with another product such that each may perform its function. <br />Shape of a Key<br />Solely Functional<br />Not Registrable<br />
  9. 9. Filing of Application <br />Procedure for Registration<br />Application No. Allotment<br />Examination & Examination Report<br />Objected<br />No Objections<br />Communication of Objections<br />Hearing if Opposition<br /> is contested<br />Refusal<br />Non-Compliance of Objections<br />Removal of Objections<br />Re-examination <br />Abandoned<br />Appeal to <br />High Court<br />If Appeal <br />is allowed<br />Compliance of Objections<br />Acceptance<br />Notification in <br />Official Journal<br />Issuance of Certificate<br />
  10. 10. Benefits of Registration<br /><ul><li>The registration of a Design confers upon the Registered Proprietor or the exclusive right to apply a design to the article in the class in which the design has been registered.
  11. 11. A Registered Proprietor can sue for infringement, in case of infringement of his rights conferred by the registration.
  12. 12. The Registered Proprietor can license or sell his Design as legal property for a consideration or royalty.
  13. 13. Registration of Design is initially granted for a period of 10 years and is renewable for a further period of 5 years.
  14. 14. When a Design is registered, the Registered Proprietor shall have the Copyright in the Design for a initial period of 10 years renewable for another 5 years. </li></li></ul><li>Piracy of Registered Designs<br />Following acts if done without the permission of the Registered Proprietor during the period of copyright in the Design, are considered to be Piracy.<br /><ul><li>For the purpose of sale, to apply or cause to be applied to any article in any class of articles in which the Design is registered, the design or any fraudulent or obvious imitation thereof, or do anything with a view to enable the design to be so applied;
  15. 15. To import for the purposes of sale, without the consent of the Registered Proprietor, any article belonging to the class in which the Design is registered, and having applied to the design or any fraudulent or obvious imitation thereof;
  16. 16. With knowledge that the design or any fraudulent or obvious imitation thereof has been applied to any article in any class of articles in which the Design is registered without the consent of the Registered Proprietor, to publish or expose or cause to be published or exposed for sale that article. </li></li></ul><li>Enforcement Remedies<br />