Design Registration offers elite rights to the owner and creator of the design. The design registered under the Design Act of 2000, grants the authority to the owner or creator of the design for ten years; if the creator wants, then the period can be extended for five years. A registered design gives the owner the right to legal remedy in case of any design infringement.
Overview of Design Registration
The objective of a design registration is to protect the patterns, shapes, ornaments, or features. It more often protects intellectual property. The design can be of any type like it can have three-dimensional features, such as the configuration or shape of an article, or it can have two-dimensional features that involve ornaments or patterns. Patterns and embellishments are engraved, embossed, or placed upon an article to make it look more glamorizing.
Things like configuration, pattern, ornament, the composition of lines and colours, shape, or combination used in the articles are protected under the Design Act, 2000. The following are the conditions that need a design to fulfil to get registered under the Design Act:
A design registered as per the provisions of Design Act of 2000, grants the authority to the owner or creator of the design for ten years; if the creator wants, then the period can be extended for five years. Registration gives the owner the right to legal remedy in case of any infringement of the design.
Aspects of Design Registration
· File Professionally
To ensure that the design is adequately secured, the owner or creator must professionally file for design registration as it is the most convenient way to protect a design. It is highly advisable to take help from the experts in the while registering a design.
· Government Process
Registering a design, to some extent, is a tedious process that is only done by the registrar. The registrar checks and scrutinizes every aspect of each registration. Therefore, it is easy to register a design with a professional’s help as the expertise, knowledge, and experience will be helpful in the registration process.
After filing the registration application, it is the applicant’s responsibility to check the application’s status. The registration application from beginning to end has a different time-bound response.
The Patent office generates a list of registered designs. The main objective of making this list is aware of the other creators about the registered designs to prevent counterfeiting. As mentioned earlier, the creator has a right to legal remedy in case of imitation under the Design Act, 2000.
Ten Year Protection
As stated under the Design Act, 2000, the registered design will be legally valid for up to ten years, but it can be valid for another five years on the owner’s or creator’s choice.
Documents Required for Design Registration
- The creator has to provide details like name, nationality, address, and registration application.
- Along with the application, the applicant has to submit drawings or photographs in various design views.
- The applicant is required to provide all the necessary affidavits and declarations as prescribed by the principal Act.
- Any other documents can be made available after the payment of the prescribed fee.
The applicant must draft the affidavit in paragraph form, and the affidavit must consist of verifiability and declaration of truth. As per the fourth schedule’s provisions, the cost involved in the registration process is regulated by the controller.
Design Registration Procedure
Culminating the design is the preliminary move in the direction of product completion for any association.
The Design Registration Procedure is as Follows:
· Check For Previous Registration
The applicant has to check that if the design has been registered in the past, an applicant must apply with the patent office. It is highly advisable to get a design registered as soon as possible because the registration is granted on the first to file rule.
The applicant has to write an application and has to mention information like address and name. Details regarding the article and its class must be mentioned in the application.
· Scrutiny and Approval
The Patent Office examines the application. If the authorities at the patent office are satisfied, the application will get approved and registered, and after some time, the certificate of registration will be granted to the applicant. After recording the article and the other bibliographic details, it gets registered in the patent office journal that is distributed each Friday. If there are any errors or complications with the registration then the process can take up to one year for completion.
· Registration of Design
After the applicant’s design registration certificate is obtained, the design will also be registered in the Register of Designs. The register of design is a document that is maintained by the Patent office. The design register contains details like date of filing, design number, class number, name, and address of the proprietor.
· Duration of the Design
The legal validity of a registered design is ten years, but if the owner or creator wants to extend it, then it can be extended to five years.
· Priority Claim
India is a member of the Paris convention, so that means the engagements for the opportunity of need are pertinent. As per this convention, an applicant can apply for design registration in other countries for a similar design, considerable as of the date of filing the primary application.
· Design Infringement
In case if there is any kind of infringement of the registered design, then the owner has the right to take legal action against the party involved in infringement and can also claim damages. The party involved in the infringement of design is liable to pay INR 25,000 if there are any damages caused to the design’s original creator.
Things like configuration, pattern, ornament, the composition of lines and colours, shape, or combination used in the articles are protected under the Design Act, 2000. Design Registration offers exclusive rights to the owner and creator of the design. The design registration grants the authority to the owner or creator of the design for ten years; if the creator wants, then the period can be extended for five years. A design registration gives the owner the right to legal remedy in case of any design infringement.