Design Registration in India – Benefits, Documents, Procedure
Design registration is a type of intellectual property protection whereby a newly created design applied to an object produced in an industrial process can be protected against counterfeiting. Registration of the design gives the author the exclusive right to use the design for ten years, which can be extended for five years.
A shape, configuration, pattern or ornament or composition of lines and colors or combinations applied to an article may be registered under the Design Act 2000. However, in order for a design to be registered, it must fulfill the following conditions:
It must be new and original.
The design should relate to any shape, configuration, pattern or ornament applied to an item.
The design must be applied to each element using an industrial process.
The design must be visible and must appear in the article.
According to the Designs Act, the owner of a registered design can appeal against infringement.
Definition of the design
A design is defined in section 2 (d) of the Designs Act 2001 as simply being the features of a shape, pattern, configuration, composition or design. ‘an ornament of lines or colors that refer to a two-dimensional, three-dimensional or both element by an industrial process or any means, whether mechanical, manual or chemical, separate or combined, which in the final product are judged only with the naked eye; but no consideration is given to the principle of construction or to something which is essentially a simple mechanical device.
Design Registration Online in India RELATED GUIDELINES
What is a registered design?
Difference between design registration and trademark
Documents required for the registration of the design
The following documents must be submitted for design registration:
A certified copy of the original or certified copies of extracts from the disclaimer
Affidavits
Explanation
Other public documents may be made available for a fee.
The affidavit must be in paragraph form and contain a statement of truth and verifiability. However, the costs associated with the registration of a design may be regulated by the controller in accordance with the fourth table.