This document discusses key aspects of design registration and protection under the Designs Act, 2000 in India. It defines what constitutes a design and outlines the criteria for registration, including that a design must be new, original, and not publicly disclosed previously. It also describes the registration process, terms of protection, grounds for cancellation, fees involved, and penalties for infringement. The overall purpose of the Designs Act is to protect new and original designs applied to articles to reward their creators and prevent unjust enrichment by others.
The registration and protection of industrial designs in India is administered by the Designs Act , 2000 and corresponding Designs Rules , 2001 which came into force on 11th May 2001 repealing the earlier Act of 1911. The Design Rules, 2001 was further amended by Designs (Amendment) Rules 2008 and Designs (Amendment) Rules 2014. The last amendment in Designs Rules came in to force from 30th December, 2014, which incorporates a new category of applicant as small entity in addition to natural person and other than small entity.
The industrial design recognizes the creation new and original features of new shape, configuration, surface pattern, ornamentations and composition of lines or colours applied to articles which in the finished state appeal to and are judged solely by the eye.
The registration and protection of industrial designs in India is administered by the Designs Act , 2000 and corresponding Designs Rules , 2001 which came into force on 11th May 2001 repealing the earlier Act of 1911. The Design Rules, 2001 was further amended by Designs (Amendment) Rules 2008 and Designs (Amendment) Rules 2014. The last amendment in Designs Rules came in to force from 30th December, 2014, which incorporates a new category of applicant as small entity in addition to natural person and other than small entity.
The industrial design recognizes the creation new and original features of new shape, configuration, surface pattern, ornamentations and composition of lines or colours applied to articles which in the finished state appeal to and are judged solely by the eye.
The above presentation is a step to simplify the concept of Trademark in India.It also focuses on the process of registration under the Trademarks Act 1999.
The presentation simplifies the steps involved and makes it easier to understand the same.
Note:-The following presentation is a general writing containing contents derived from basic knowledge and relevant books and articles.Also it is the original work of the writer.
FUNAMENTALS OF INTELLECTUAL PROPERTY IN SPECIFIC TO PATENTS AND PROTECTION OF SOFTWARE BASED INVENTIONS AND THE LEGAL POSITION IN SOFTWARE PROTECTION AS AN EDUCATIVE APPROACH WERE DISCUSSED.
The above presentation is a step to simplify the concept of Trademark in India.It also focuses on the process of registration under the Trademarks Act 1999.
The presentation simplifies the steps involved and makes it easier to understand the same.
Note:-The following presentation is a general writing containing contents derived from basic knowledge and relevant books and articles.Also it is the original work of the writer.
FUNAMENTALS OF INTELLECTUAL PROPERTY IN SPECIFIC TO PATENTS AND PROTECTION OF SOFTWARE BASED INVENTIONS AND THE LEGAL POSITION IN SOFTWARE PROTECTION AS AN EDUCATIVE APPROACH WERE DISCUSSED.
Design" means only the features of shape, configuration, pattern, ornament or composition of lines or colours applied to any article whether in two dimensional or three dimensional or in both forms.
An Industrial Design is protected under the Law on Patents, Utility Model Certificates and Industrial Designs dated 22 January 2003. An industrial design in Cambodia means “any composition of lines or colours or any three-dimensional form, or any material, whether or not associated with lines or colors”. For an industrial design to be protected in Cambodia, it must be “new” or “novel”. An industrial design is considered new “if it has not been disclosed to the public, anywhere in the world, prior to the filing date or the priority date”. In addition, an industrial design in Cambodia must “give a special appearance to a product of industry or handicraft and can serve as a pattern for a product of industry or handicraft, and appeals to and is judged by the eye”.
A Design refers to the features of shape, configuration, pattern, ornamentation or composition of lines or colors 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.
LEGAL BASIS
Law on Intellectual Property No. 38/NA dated 15 November 2017;
Decision on Industrial Design No. 35/MOST dated 20 January 2021.
DEFINITION
1. What is an industrial design in Laos?
The Law No. 38/LA on Intellectual Property (amended) dated 15 November 2017 (Lao IP Law) defines an industrial design as the form or shape of a product that needs to be created (including patterns, lines, colors, etc.). Specifically, an industrial design certificate protects a product’s special appearance which covers a pattern, a form, or an external feature of a novel product developed in Lao PDR, or elsewhere in the world, that includes a shape, motif, line, color or an ornamental form used in an object or attached to an object.
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Sustainability has become an increasingly critical topic as the world recognizes the need to protect our planet and its resources for future generations. Sustainability means meeting our current needs without compromising the ability of future generations to meet theirs. It involves long-term planning and consideration of the consequences of our actions. The goal is to create strategies that ensure the long-term viability of People, Planet, and Profit.
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LEARNING OBJECTIVES
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2. Explore the sustainability implementation model, focusing on effective measures and reporting strategies to track and communicate sustainability efforts.
3. Identify and define best practices and critical success factors essential for achieving sustainability goals within organizations.
CONTENTS
1. Introduction and Key Concepts of Sustainability
2. Principles and Practices of Sustainability
3. Measures and Reporting in Sustainability
4. Sustainability Implementation & Best Practices
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3. This Act may be called the Design Act, 2000.
It extends to the whole of India.
4. "Design" means only the features of
shape, configuration, pattern, ornament or
composition of lines or colours applied to any
article whether in two dimensional or three
dimensional or in both forms, by any
industrial process or means, whether
manual, mechanical or chemical, separate or
combined, which in the finished article
appeal to and are judged solely by the eye;
but does not include any mode or principle
of construction or anything which is in
substance a mere mechanical device.
5.
6. Object of the Designs Act is to protect new
or original designs so created to be applied
or applicable to particular article to be
manufactured by industrial process or
means. Sometimes purchase of articles for
use is influenced not only by their practical
efficiency but also by their appearance. The
important purpose of design registration is to
see that the artisan, creator, originator of a
design having aesthetic look is not deprived
of his bonafide reward by others applying it
to their goods.
7. The design should be new or original, not previously
published or used in any country before the date of
application for registration. The novelty may reside in the
application of a known shape or pattern to new subject
matter. However, if the design for which application is
made does not involve any real mental activity for
conception, then registration may not be considered.
The design should relate to features of
shape, configuration, pattern or ornamentation applied or
applicable to an article. Thus, designs of industrial
plans, layouts and installations are not registrable under
the Act.
The design should be applied or applicable to any article
by any industrial process. Normally, designs of artistic
nature like painting, sculptures and the like which are not
produced in bulk by any industrial process are excluded
from registration under the Act.
8. The features of the designs in the finished article should
appeal to and are judged solely by the eye. This implies
that the design must appear and should be visible on the
finished article, for which it is meant. Thus, any design in
the inside arrangement of a box, money purse or almirah
may not be considered for showing such articles in the open
state, as those articles are generally put in the market in
the closed state.
Any mode or principle of construction or operation or any
thing, which is in Substance a mere mechanical
device, would not be registrable design. For instance, a key
having its novelty only in the shape of its corrugation or
bend at the portion intended to engage with levers inside
the lock associated with, cannot be registered as a design
under the Act. However, when any design suggests any
mode or principle of construction or mechanical or other
action of a mechanism, a suitable disclaimer in respect
there of is required to be inserted on its
representation, provided there are other registrable
features in the design.
The design should not include any trade mark or property
mark or artistic works.
9. A design which :
(a) is not new or original.
(b) has been disclosed to the public any where in
India or in any other country by publication in
tangible form or by use in any other way prior to
the filing date, or where applicable, the priority
date of the application for registration.
(c) is not significantly distinguishable from
known designs or combination of known designs.
(d) comprise or contains scandalous or obscene
matter, shall not he registered.
10. When an application for registration of a
design is in order, it is accepted and
registered, then a certificate of registration
is issued to the applicant. However, a
separate request should be made to the
Controller for obtaining a certified copy of
the certificate for legal proceeding with
requisite fee.
11. The Register of Designs is a document
maintained by the Patent Office, Kolkata as a
statutory requirement. It contains the design
number, date of filing and reciprocity date (if
any), name and address of proprietor and
such other matters as would affect the
validity of proprietorship of the design and it
is open for public inspection on payment of
prescribed fee and extract from register may
also be obtained on request with the
prescribed fee.
12. Thetotal time of a registered design is 15
years. Initially the right is granted for a
period of 10 years, which can be
extended, by another 5 years by making an
application and paying a fee of Rs. 2000/- to
the Controller before the expiry of initial 10
years period. The proprietor of design may
make application for such extension even as
soon as the design is registered.
13. First to file rule is applicable for
registrability of design. If two or more
applications relating to an identical or a
similar design are filed on different
dates, the first application will be considered
for registration of design.
14. The registration of a design may be cancelled
at any time after the registration of design
on a petition for cancellation in Form 8 with
a fee of Rs. 1500/- to the Controller of
Designs on the following grounds:
1. That the design has been previously
registered in India.
2. That it has been published in India or
elsewhere prior to the date of registration.
3. That the design is not new or original.
4. That design is not registrable.
15. Thefee for filing application for registration
of design in India is Rs.1,000/-.
16. Ifanyone contravenes the copyright in a
design he is liable for every offence to pay a
sum not exceeding Rs. 25,000/- to the
registered proprietor subject to a maximum
of Rs. 50,000/- recoverable as contract debt
in respect of any one design.