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JASPREET KAUR
M.PHARMACY
(P’ceutical Mgt. & Regulatory Affairs)
INTRODUCTION:

‘Design’ means only the features of shape,

configuration, pattern or ornament or composition of lines or colour or
combination thereof applied to any article whether 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 or construction or any thing
which is in substance a mere mechanical device, and does not include
any trade mark, as define in clause (v) of sub-section of Section 2 of the
Trade and Merchandise Marks Act, 1958, property mark or artistic

works as defined under Section 2(c) of the Copyright Act, 1957.
Essential requirements for the registration of ‘design’
under the Designs Act, 2000
 Design should be new or original.
 Design should not previously published or used in any country before the
date of application for registration.
 Design should relate to features of shape, configuration, pattern or
ornamentation applied or applicable to an article.
 Designs should be of artistic nature like painting.
Designs which are not registrable under the Act
 A design which is not new or original; or
 Design has been disclosed to the public anywhere 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; or
 Design is not significantly distinguishable from known designs or
combination of known designs; or
 A Design comprises or contains scandalous or obscene matter,
shall not be registered.
Artistic work which are not subject matter of registration
An artistic work as defined under Section 2(c) of the Copyright Act, 1957 is not a

subject matter for registration which reads as follows:
"Artistic works" means: A painting, a drawing (including a diagram, map, chart or plan) on
engraving or a photograph, whether or not such work possesses
artistic quality.
An work of architecture and
Any other work of artistic craftsmanship.
Duration of the registration of a design
 Initially ten years from the date of registration, but in cases
where claim to priority has been allowed the duration is ten years
from the priority date.
This initial period of registration may be extended by further
period of 5 years on an application made in Form-3, by a fee of
Rs. 2,000/- to the Controller before the expiry of the said initial
period of Copyright.
Classification of goods mentioned in the Third
Schedule of Design Rules, 2001
Class 1
Class 2
Class 3

Class 4
Class 5
Class 6
Class 7
Class 8
Class 9
Class 10
Class 11
Class 12
Class 13
Class 14
Class 15

Foodstuffs
Articles of clothing and haberdashery
Travel goods, cases, parasols & personal belonging, not
elsewhere specified
Brush ware
Textile piece goods, artificial & natural Sheet material
Furnishing
Household goods, not elsewhere specified
Tools & hardware
Packages & containers for the transport or handling of
goods
Clocks & watches & other measuring instruments,
checking & signaling instruments
Articles of adornment
Means of transport or hoisting
Equipment for prediction, distribution or transformation
of electricity
Recording, communication or information retrieval
equipment
Machines, not elsewhere specified
Class 16
Class 17
Class 18
Class 19
Class 20
Class 21
Class 22
Class 23
Class 24
Class 25
Class 26
Class 27
Class 28
Class 29
Class 30
Class 31
Class 99

Photographic, cinematographic & optical apparatus
Musical instruments
Printing & office machinery
Stationary & office equipment, artists & teaching
materials
Sales & advertising equipment, signs
Games, toys, tents & sports goods
Arms, pyrotechnic articles, articles for hunting,
fishing & pest killing
Fluid distribution equipments, sanitary heating,
ventilation& air-conditioning equipment, solid fuel
Medical & laboratory equipments
Building units & construction elementts
Lighting apparatus
Tobacco & smoking suppliers
Pharmaceutical & cosmetic products, toilet &
apparatus
Devices & equipment against fire hazards for
accident prevention & for rescue
Articles for the care & handling of animals
Machines & appliances for prepacking food or drink
not elsewhere specified
Miscellaneous
FLOW CHART OF DESIGN APPLICATION UPTO ACCEPTANCE
Filling of
applications

Abandoned

Refusal

Appeal to
High Court

In case of allowance
of appeal

Numbering & dating of
applications

Noncompliance of
objection(s)/No
response to office
communication

Hearing if
objection(s) is
contested

Waiving/Removal of
objections

Examination of
applications

Communication of
objections

Compliance of
objection(s)

Acceptance

Notification in the
office of journal

Issue of certificate

No objection

Removal of
objection(s)

Re-examination
TEN STEPS TO FILE AN APPLICATION FOR INDUSTRIAL DESIGN
Step 1 Finding out whether any registration already exists
Registration number is known, Form No.-6 filed along with the prescribed fees of
Rs. 500. If the representation of the article or the specimen of the article is filed
Form No.-7 along with the prescribed fees of Rs. 1,000 is required.
Step 2 Preparing a representation of the design
It should be prepared on white A4 size paper of durable quality.
Step 3 Identifying the class of design
32 classes and most of the classes are further divided into sub-classes.
Step 4 Providing a statement of novelty
A statement of novelty should be included on the representation of a design as per
the Act in order to specify the claim.
Step 5 Including a disclaimer
If the ornamental pattern on an article is likely to be confused with a trade mark,
suggests any mechanical action or contains words, letters, numerals, etc., a
disclaimer should be included in the representation.
Step 6 Claiming a priority date
This is the date of filing of the application in any of such countries provided the
application is made in India within six months.
Step 7 Determining the fee to be paid

Application for the registration of design is Rs 1,000 and for renewal it is Rs.
2, 000.
Step 8 Ensuring all enclosures are attached
File an application only after ensuring that all enclosures and fee in the required

numbers are attached. Applications can be filed in either the Design Office in
Kolkata or the branch offices of the Patent office in Delhi, Mumbai or Chennai.
Step 9 Complying with objections (if any)
If the Design Office seeks additional information or clarifications after
preliminary examination, please ensure that these are provided
promptly.

Step 10 Providing full details
While filing an application make sure that all contact details and
addresses are clearly and legibly filled in.
Revocation
In case of revocation: Sec-19A petition in Form-8 with fee Rs. 15, 00/by an interested person may file for revocation/cancellation of
registration at any time after the registration on the following grounds to

the controller:
(1) Any person interested may present a petition for the cancellation of
the registration of a design at any time after the registration of the
design, to the Controller on any of the following grounds, namely:-

(a) that the design has been previously registered in India; or
(b) that it has been published in India or in any other country prior to the
date of registration; or
(c) that the design is not a new or original design; or
(d) that the design is not registrable under this Act; or
(e) it is not a design as defined under clause (d) of section 2.
THE SECOND SCHEDULE (See rule 6)
Form No. Fee

List of forms
Title

1

1000

Application for registration of design.

2

500

Claim to proceed as an applicant or joint applicant.

3

2000

Application for Extension of copyright.

4

1000

Application for Restoration of lapsed design.

5

500

Inspection of registered design

6

500

Request for information when registration number is given.

7

1000

Request for information when registration number is not given.

8

1500

Petition to cancel registration of design.

9

500

Notice of intended exhibition or publication of unregistered
design.
Form No. Fee

Title

10

500(In respect
one Design)
200 (For each
additional Design)

Application for registration of a document in the
Register Design.

of

11

500(In respect of
one Design)
200 (For each
additional Design)

12

500(In respect
of one Design)
200 (For each
additional Design)

Application for entry of mortgage or licence in the
Register.

13

500(In respect of
one Design)
200 (For each
additional Design)

Application for entry of notification of a document in
the Register.

Application for entry of name of proprietor or part
proprietor in the Register
Form No. Fee

Title

14

500

Request for correction of clerical error.

15

500

Request for certificate.

16

500

Application for certified copy of registered design.

17

500

Application for rectification of Register.

18

200 per month

19

100

Application for extension of time for filing priority
document.
Notice of opposition.

20

500

Notice of intention to attend hearing.

21

--

Power of authority to agents.

22

200

23

500

Request to alter name or address or address for
service in Register
Request for entries of two addresses in the Register
Industrial design

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Industrial design

  • 2. INTRODUCTION: ‘Design’ means only the features of shape, configuration, pattern or ornament or composition of lines or colour or combination thereof applied to any article whether 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 or construction or any thing which is in substance a mere mechanical device, and does not include any trade mark, as define in clause (v) of sub-section of Section 2 of the Trade and Merchandise Marks Act, 1958, property mark or artistic works as defined under Section 2(c) of the Copyright Act, 1957.
  • 3. Essential requirements for the registration of ‘design’ under the Designs Act, 2000  Design should be new or original.  Design should not previously published or used in any country before the date of application for registration.  Design should relate to features of shape, configuration, pattern or ornamentation applied or applicable to an article.  Designs should be of artistic nature like painting.
  • 4. Designs which are not registrable under the Act  A design which is not new or original; or  Design has been disclosed to the public anywhere 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; or  Design is not significantly distinguishable from known designs or combination of known designs; or  A Design comprises or contains scandalous or obscene matter, shall not be registered.
  • 5. Artistic work which are not subject matter of registration An artistic work as defined under Section 2(c) of the Copyright Act, 1957 is not a subject matter for registration which reads as follows: "Artistic works" means: A painting, a drawing (including a diagram, map, chart or plan) on engraving or a photograph, whether or not such work possesses artistic quality. An work of architecture and Any other work of artistic craftsmanship.
  • 6. Duration of the registration of a design  Initially ten years from the date of registration, but in cases where claim to priority has been allowed the duration is ten years from the priority date. This initial period of registration may be extended by further period of 5 years on an application made in Form-3, by a fee of Rs. 2,000/- to the Controller before the expiry of the said initial period of Copyright.
  • 7. Classification of goods mentioned in the Third Schedule of Design Rules, 2001 Class 1 Class 2 Class 3 Class 4 Class 5 Class 6 Class 7 Class 8 Class 9 Class 10 Class 11 Class 12 Class 13 Class 14 Class 15 Foodstuffs Articles of clothing and haberdashery Travel goods, cases, parasols & personal belonging, not elsewhere specified Brush ware Textile piece goods, artificial & natural Sheet material Furnishing Household goods, not elsewhere specified Tools & hardware Packages & containers for the transport or handling of goods Clocks & watches & other measuring instruments, checking & signaling instruments Articles of adornment Means of transport or hoisting Equipment for prediction, distribution or transformation of electricity Recording, communication or information retrieval equipment Machines, not elsewhere specified
  • 8. Class 16 Class 17 Class 18 Class 19 Class 20 Class 21 Class 22 Class 23 Class 24 Class 25 Class 26 Class 27 Class 28 Class 29 Class 30 Class 31 Class 99 Photographic, cinematographic & optical apparatus Musical instruments Printing & office machinery Stationary & office equipment, artists & teaching materials Sales & advertising equipment, signs Games, toys, tents & sports goods Arms, pyrotechnic articles, articles for hunting, fishing & pest killing Fluid distribution equipments, sanitary heating, ventilation& air-conditioning equipment, solid fuel Medical & laboratory equipments Building units & construction elementts Lighting apparatus Tobacco & smoking suppliers Pharmaceutical & cosmetic products, toilet & apparatus Devices & equipment against fire hazards for accident prevention & for rescue Articles for the care & handling of animals Machines & appliances for prepacking food or drink not elsewhere specified Miscellaneous
  • 9. FLOW CHART OF DESIGN APPLICATION UPTO ACCEPTANCE Filling of applications Abandoned Refusal Appeal to High Court In case of allowance of appeal Numbering & dating of applications Noncompliance of objection(s)/No response to office communication Hearing if objection(s) is contested Waiving/Removal of objections Examination of applications Communication of objections Compliance of objection(s) Acceptance Notification in the office of journal Issue of certificate No objection Removal of objection(s) Re-examination
  • 10. TEN STEPS TO FILE AN APPLICATION FOR INDUSTRIAL DESIGN Step 1 Finding out whether any registration already exists Registration number is known, Form No.-6 filed along with the prescribed fees of Rs. 500. If the representation of the article or the specimen of the article is filed Form No.-7 along with the prescribed fees of Rs. 1,000 is required. Step 2 Preparing a representation of the design It should be prepared on white A4 size paper of durable quality. Step 3 Identifying the class of design 32 classes and most of the classes are further divided into sub-classes. Step 4 Providing a statement of novelty A statement of novelty should be included on the representation of a design as per the Act in order to specify the claim.
  • 11. Step 5 Including a disclaimer If the ornamental pattern on an article is likely to be confused with a trade mark, suggests any mechanical action or contains words, letters, numerals, etc., a disclaimer should be included in the representation. Step 6 Claiming a priority date This is the date of filing of the application in any of such countries provided the application is made in India within six months. Step 7 Determining the fee to be paid Application for the registration of design is Rs 1,000 and for renewal it is Rs. 2, 000. Step 8 Ensuring all enclosures are attached File an application only after ensuring that all enclosures and fee in the required numbers are attached. Applications can be filed in either the Design Office in Kolkata or the branch offices of the Patent office in Delhi, Mumbai or Chennai.
  • 12. Step 9 Complying with objections (if any) If the Design Office seeks additional information or clarifications after preliminary examination, please ensure that these are provided promptly. Step 10 Providing full details While filing an application make sure that all contact details and addresses are clearly and legibly filled in.
  • 13. Revocation In case of revocation: Sec-19A petition in Form-8 with fee Rs. 15, 00/by an interested person may file for revocation/cancellation of registration at any time after the registration on the following grounds to the controller: (1) Any person interested may present a petition for the cancellation of the registration of a design at any time after the registration of the design, to the Controller on any of the following grounds, namely:- (a) that the design has been previously registered in India; or (b) that it has been published in India or in any other country prior to the date of registration; or (c) that the design is not a new or original design; or (d) that the design is not registrable under this Act; or (e) it is not a design as defined under clause (d) of section 2.
  • 14. THE SECOND SCHEDULE (See rule 6) Form No. Fee List of forms Title 1 1000 Application for registration of design. 2 500 Claim to proceed as an applicant or joint applicant. 3 2000 Application for Extension of copyright. 4 1000 Application for Restoration of lapsed design. 5 500 Inspection of registered design 6 500 Request for information when registration number is given. 7 1000 Request for information when registration number is not given. 8 1500 Petition to cancel registration of design. 9 500 Notice of intended exhibition or publication of unregistered design.
  • 15. Form No. Fee Title 10 500(In respect one Design) 200 (For each additional Design) Application for registration of a document in the Register Design. of 11 500(In respect of one Design) 200 (For each additional Design) 12 500(In respect of one Design) 200 (For each additional Design) Application for entry of mortgage or licence in the Register. 13 500(In respect of one Design) 200 (For each additional Design) Application for entry of notification of a document in the Register. Application for entry of name of proprietor or part proprietor in the Register
  • 16. Form No. Fee Title 14 500 Request for correction of clerical error. 15 500 Request for certificate. 16 500 Application for certified copy of registered design. 17 500 Application for rectification of Register. 18 200 per month 19 100 Application for extension of time for filing priority document. Notice of opposition. 20 500 Notice of intention to attend hearing. 21 -- Power of authority to agents. 22 200 23 500 Request to alter name or address or address for service in Register Request for entries of two addresses in the Register