Design Registration

Design registration is a type of intellectual property protection under which a newly created design applied to an article created under an industrial process can be protected from counterfeiting. This registration provides authority to the owner to use the Design for ten years, and the time can be further extended for the next five years. The present article briefs the Design Registration procedure in India. For more details on Intellectual Property Laws in India, click here

Definition of a Design

A design is defined under Section 2(d) of the Designs Act 2001, as only the features of a shape, pattern, configuration, composition, or ornament of lines or colors that are applied to any article that is two-dimensional, three-dimensional, or both by an industrial process or any means whether mechanical, manual or chemical, separated or combined, which in the finished article are judged solely by the eye; but is not taken into account upon the principle of construction or anything which is in substance a merely mechanical device.

 

Also read MSME Innovative Scheme (Incubation, Design, and IPR)

Advantages of Design Registration in India

Following are some advantages that an owner can avail after getting registration for a design in India:

• Exclusive rights over the new and original design
• An asset of the proprietor/owner
• Can initiate a legal proceeding in case of infringement by a third-party
• Serve as a prima facie evidence in an infringement suit
• Right to sell, transfer and license the design with ease

Essentials Requirements

Under the Design Act, 2000 for a design to be registered and protected under the Act, the following are essential requirements that need to be fulfilled:

• A design should be Original and new. This means that it should not have been used or published previously in any country before the date of application of registration.
• A design should be significantly distinguishable from known designs or a combination of known designs
• A design should not comprise or contain scandalous or obscene matter
• A design should not be a mere mechanical contrivance
• A design should be applied to an article and should appeal to the eye
• A design should not be contrary to public order or morality

Eligibility Criteria

• Any person or the legal representative or the assignee can apply separately or jointly for the registration
• The term “person” includes a firm, partnership, small entity, and body corporate.
• In the case of an NRI, his agent or legal representative need to apply for Design Registration

Documents Required for Design Registration

The following documents are to be submitted to get design registration:

• A certified copy of the original or certified copies of extracts from the disclaimer
• Affidavits
• Declaration
• Other public documents can be made available on payment of a fee.

 

The affidavit should be in paragraph form and should contain a declaration of truth and verifiability. However, the controller may regulate the cost involved in design registration according to the fourth schedule.

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