Design Registration

What is a Design?

Design means shape, pattern, configuration or ornamentation of an article or composition of lines of an article which is visible it can be three dimensional or both two and three dimensional. Registration and protection of Industrial Design in India is governed under the Design Act, 2000 and rules framed thereunder. The registered design is an intellectual property of the proprietor of design. The design registration is about protection of the physical appearance of a distinctive product that are to sell to the public.

Essential Requirements For Registration of Design

For the registration of any design it should have following features

• The design should be new, unique and original.
• It should not be disclosed or published in any public forum earlier.
• It includes only features of shape, pattern, configuration or ornamentation of an article.
• Design applied to any article should be visible.
• It should not be offending or contradictory to public order and should not contain any obscene matter.

Document Required for Design Registration

For registration of design following documents are required:

• Power of Attorney.
• Classification and description of Design.
• Details of applicant.
• Affidavit
• Declarations
• Representation of design and representation sheet of an article.
• Colour photographs of design from different angels.

Who can apply for Design Registration?

Any of the following persons can file application for Design registration:

• Proprietor of Design.
• An Assignee of the proprietor.
• An Agent or legal representative in case of NRI proprietor.

Process of Design Registration

The registration of design completes in several steps which is discussed below:

STEP 1: PREPRATION OF DOCUMENTS- :- For the purpose of Design registration the very first step is to prepare all the necessary documents required for filing application. These documents include:
• Power of Attorney.
• Classification and description of Design.
• Details of applicant.
• Affidavit
• Declarations
• Representation of design and representation sheet of an article.
• proof of first use and priority (if any).
• Colour photographs of design from different angels.

STEP 2: DESIGN SPECIFICATION DRAFTING: The specification of design should be drafted then this is required to be filed along with the application with the Design Office.

STEP 3: FILING DESIGN APPLICATION- The application for Design registration is required to be filed along with the prescribed filing fees. The Design specification filed with the application is to be attested by the Attorney.

STEP 4: ACKNOWLEDGEMENT- Once the fees for Design registration is paid then the acknowledgement will be issued by the Design Office.

STEP 5: EXAMINATION OF APPLICATION- After the successful submission of application it is to be referred to the Examiner of Design for conducting its examination to check whether the application and documents satisfies the formal requirements.

STEP 6: REPORT BY EXAMINER- The report of examination of application is prepared by examiner who submits it to the controller. The controller is then analyse the report and check for any objection. If any objection arises then time will be provided by him to applicant to resolve it .

STEP 7: DESIGN REGISTRATION- Certificate of Design registration will be issued when controller is satisfied that no objection has been raised or objection if any raised has been resolved by the applicant and is notified in the Patent Office Journal.

Term of Protection of Design

The registered Design is protected for the period of 10 years from the date of filing years (extendable by 5 years). During the period of validity the proprietor of Design has a right to exclude others from using, making, selling, importing or offering for sell his Design, if anyone do so then he can initiate legal proceedings against him.

Advantages of Design Registration

• EXCLUSIVE RIGHTS: The proprietor of registered Design have exclusive rights to prevent others from using, making, selling, offering for sell or importing his Design.
• INTANGIBLE ASSET: The registered Design is an intangible asset of the proprietor which can be sold, assigned or licensed by him to any other person or entity.
• LEGAL PROTECTION: The registered Design provides legal protection to the proprietor for the period of 10 years from the date of filing that means during this period no one is allowed to sell, use, import or offer for sell registered design without his permission.

Exclusion from the scope of a Design Registration

• Literary or artistic work like books, calendars, stamps, tokens, building and structures, maps.
• National flags, emblems or signs of any country.
• Mere alterations or change in the size and orientation of Design.
• Design contains any industrial plans, layouts, and installations

Transferability of Design Registration

The ownership of Design registration can be transferred through:

• Assignment
• License Agreement
• Transmission