Amelie Parker
Under the Designs Act, 2000 and Design Rules, 2001, amended in 2008, design registration in India offers statutory rights to the owner of the design. As a result, the design, which could be 2-D representations like pattern, colour, composition, or lines; and 3-D representations like shapes; or a combination of both, cannot be reproduced, copied, sold, or distributed by any other entity for at least 10 years.
The design becomes an important and valuable asset for the owner.
Criteria relevant for registration of a design in India are:
- The design should be novel, and original and not copied.
- Prior registration or published design cannot be registered
- Should be aesthetic and visually appealing to the eyes.
- In the case of similar designs, the design should be visually distinguishable from any existing design
Is it a good idea to take help from a legal expert for design registration in India?
It is always best to seek professional help from a law firm that is experienced with the process and procedures of design registration in the country. That way, the design owner or the applicant of the registration form utilizes his time, money, and resources effectively.
When deciding if it is practical or not to take help from an expert, consider these points:
- The application form for registration needs to be done properly so that the Application can be processed effectively. As per the Office of the Controller General of Patents, Designs & Trade Marks in India, about 90% of Design Applications get rejected not on the substantive grounds, but the formality grounds. Substantive grounds involve the originality of designs. Formality grounds are related to the diligent filing of the application and the required documents.
- Replying to objections can delay the registration process by further 4 to 5 months.
- As per the required laws, the Design Wings of the Patent Office needs to go ahead with the registration formalities for an application that has been filled and filed in complete compliance with the laid-down rules and regulations.
- There are two types of Design Applications – (1) Ordinary where there is no claim of priority; (2) Reciprocity where priority is claimed for an application that has been filed in a convention country.
- As a design proprietor or custodian, you can employ a legal practitioner to file for the Design Registration in India. In such a case of Power of Authority needs to be submitted alongside the application. Again, the Controller mentions that many such applications get filed without a Power of Attorney leading to delay in registration.
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Amelie Parker
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