Design registration under the Design Act, 2000 is a form of intellectual property protection. A new design creation can be protected from fraud and counterfeiting of design, if the creator/manufacturer applies for the same. Under the said Design Act, any shape/configuration/pattern/ornament/ composition of line/any colour or combination applied to any new creation can be registered. For a design to be registered, it must satisfy the following conditions:
- The design must be completely new and original
- The new design must relate to features of shape/configuration/pattern/or ornament which is applicable to an article
- The new design has to be applied to an article created by an industrial process
- The new design should be visible, and must appear on an article.
Design registration gives the creator complete exclusive rights over use of the said design for a duration of ten years. This period can be further extended for a period of five years. In case of design infringement, the owner of a registered design can opt for and seek damages and compensation and any other legal remedy under the Design Act.
DESIGN REGISTRATION PROCESS
An application for the registration of design must be submitted along with four sample copies of the design. A statement of novelty must be submitted, which refers to how the design is unique. The design so represented in the ‘representation of the design’ submitted must be exactly similar to the design/or exact copies of the design.
DOCUMENTS REQUIRED FOR DESIGN REGISTRATION
- A certified copy of the original and certified copies of extracts from disclaimers
- The affidavits and declarations
- The other public documents can be made available on payment of a fee
- The affidavits submitted must be in paragraph form, and must contain a declaration of truth and verifiability
- The costs involved in the design registration process must be regulated, by the Controller as per the norms of the Fourth Schedule.
DIFFERENCE BETWEEN TRADEMARK AND DESIGN REGISTRATION
A design registration is used to protect any new and innovative design of an article of manufacture. Whereas, a trademark registration protects a word or words/the name/ a symbol or drawing that is used in commerce to differentiate one source of goods or services from one another. A design registration enables the protection of the physical or outward appearance of a product a manufacturer plans to sell to the general public (as long as this appearance will not affect the product’s function in any manner). A trademark registration would protect the symbols or words a manufacturer uses to identify the product his or her company has manufactured. In certain situations, both forms of protection may be accessible to cover a single design, providing potential rewards for the owner of these rights.
Important Aspects of Design Registration
It is very essential that a professional file is created for the registration of a design to ensure the design is properly protected. An experienced professional can help improve the chances of successful design registration, by helping the applicant file a professional application, which addresses all the aspects of the Designs Act.
THE OFFICIAL GOVERNMENT PROCESS
Design registration is a process and registration which is authorized and passed only by the Registrar, on the basis of facts and premises of each case. Thus, our team of designs experts at ACE ALLIANCE can help you with the whole design registration process, for filing of the design registration application.
THE TIMELINE TO GET THE REGISTRATION
After the design registration application has been filed, it is essential to periodically check the status of the application. This process at times requires various time-bound response or action to be taken from the applicant. Our team at ACE ALLIANCE will periodically check with the government to get your design registration process successfully completed.
The list of all registered designs in India is maintained and published by the Patent Office to put all competitors on notice about registration of a design. This also aids in to prevent counterfeiting. In the case of infringement or piracy of a registered design, the said owner of the registered design can file for legal remedy under the Designs Act.
10 YEAR PROTECTION
Any design registered under the Designs Act, is protected for a period of ten years. This renewable period can be extended by another five years. Design registration only applies to designs which have been applied by an industrial process on any article. Thus, products that are covered under the Trademark Act or Copyright Act will not be registered as a design.