Design Means only the features of shape, pattern , or combination of color or line used to create any object in 2D or 3D format using any mechanical or manual method that is able to be evaluated by eyes.
It does not contain any trademark or artistic work (under Copyright).
The owner of an original or new design includes -(1) Author
(2) The person who gets the design executed by another person, and
(3) An individual who acquires design rights from an author.
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Anyone who claims to be the owner of a unique or original design may submit a request for the design. The application must be submitted in a prescribed format and should be supported by four copies of the representation of the design along with the the prescribed fee. The application can be submitted by hand or by registered post.
The classification under the design that is to be registered must be mentioned in the application. The Designs Rules, 2001 define the classes that an application can be considered. On application, if any objection appears to Controller that requires modification in the application, he could provide the list of the objections to the applicant. An applicant shall remove/solve the objections within 6 months. In Sec. 6. Design is registered for all or any of the articles comprised within a certain class. If a design is registered for one article that falls within the particular class, an application for the same design on another item within the same class may be granted.
Say ‘Bottle’ and ‘bag’ comes under the same classification and if anyone has obtained design under ‘bottle’ he himself can not be denied from obtaining the same design for “bag”. The Controller has the authority to grant or reject the request. If the application is denied, the person who is displeased may appeal to High Court. The Controller issues an official certificate of registration to each applicant and will announce that the design has been registered. The Patent Office keeps a register of designs, where every detail of a design are documented. The register is used as the first proof of any design-related fact.
Anyone who has filed a design in India or the UK is eligible to apply. However, such claim shall be filed within six months from the date of application in the UK or any other convention country.
Rejection: The controller won’t register the design if it is rejected by the controller.
* It is not new or original.
* It has been published in India or any other country in any format before the priority date of an applicant
* It’s identical to the well-known design or the combination of them.
* It includes sexy or obscene matter.
Substitution: – Prior to registration of the design:
If a person has submitted an application for registration of any design, and * Other person has claimed the same design as his design pursuant to an agreement or assignment , then the Controller is able to register the design in the name of the claimant.
But, the design must be recognized to the satisfaction of the Controller. the contract or assignment must also be produced under which claim by the claimant has been submitted.
Restoration: If the renewal fee isn’t paid, the right is lapsed and can be restored within one year after the end of the original fee-paying period. Application for restoration, as applied by an applicant, will be made public by the Controller.
Marking before Sale:- Where the design of an item is registered, a symbol with the word “Registered” or “Regd.” is to be placed along with the registration number on the item before delivery for sale of that item.
Cancellation of registration
Anyone interested can petition the Controller to cancel registration of designs for the following reasons:
* The design is registered in India by any other individual
* This publication was first published in India or another country prior to the date of priority.
* This design is not original or new.
* It’s not included under the definition of design Petition. shall come in duplicate and one copy shall be sent to registered proprietor.
The registered proprietor can submit a counter-statement within a prescribed time period. If a notice is issued within 10 days, the controller will schedule a hearing and decide the matter. Anyone who is dissatisfied with the decision of Controller can prefer an appeal to High Court.
Piracy of Registered Design:
If the registered proprietor is not in agreement that the act could be considered as infringement of the design
* Design or imitation on any product in its sale
* Import any article for sale
* Publish any article that you believe is available for sale
Anyone who is found guilty of any action that is in contravention of the Act shall be subject to the fine of Rs. A proprietor may be liable for Rs.25,000 Additionally, the owner can sue for recovery of damage or an injunction in District Court.
1. Each register that is kept in accordance with this Act at Patent Office is open for inspection by any person who wants to obtain certified copies of entries in the register after paying a prescribed fee.
2. When an application to use a design has been refused and the applicant is not granted a design, any information, drawing, photo or representation of the application will not be available to examination.
3. Anyone who has the right to use any design due to an transfer or assignment, may apply to the Controller and the Controller, thereupon will register him as the owner of that design.