Design Registration & its needs

A unique industrial design registration refers to the creation of fresh and original product characteristics that are immediately identifiable by the distinctive shape, formation, patterns, beautifying, and mix of such shapes or hues used. At first glance, a remarkable design catches the attention in its completed state. It has a strong favorable impact on the market's customers. Here are a few of the most important reasons why a company should register its design:

1. To get a strong and well-placed legal shield to protect India's original designs from being copied or misappropriated.
2. Creativity and originality should be encouraged and developed.
3. It is a requirement for all enterprises based in WTO Member countries that have signed the TRIPS Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS).

Important considerations to keep in mind when registering a design

Organize your files properly

By completing a professional application that addresses all parts of the Design Act, an experienced expert from Corpseed can greatly boost the chances of successful design registration.

Processing by the government

The filing of a design registration application does not guarantee that the design will be registered. Design registration is a process, and the registrar provides it based on the facts and premise of each case.

Based on their knowledge and expertise, Corpseed professionals can provide adequate help for filing design registration applications.

Timeline

Following the filing of a design registration application, it is critical to monitor the progress of the application on the Government website on a regular basis until it is processed. The applicant may be required to provide a time-bound response or action as part of the design registration application procedure.

As a result, it is critical to check the state of the application on a regular basis and take the necessary actions.

Protection

The Patent Office maintains and publishes a list of all registered designs to alert competitors to the fact that a design has been registered and to prevent counterfeiting.

The owner of a registered design can pursue legal recourse under the Designs Act in the event of infringement or piracy.

Protection for ten years

Designs protected under the Designs Act are valid for ten years and can be renewed for another five years. Design registration, on the other hand, primarily relates to designs utilized in an industrial process on any object.

As a result, goods covered by the Trademark Act or the Copyright Act are not eligible for design registration.

Design piracy

The application of a design or its imitation to any article belonging to a class of articles in which the design has been registered for the purpose of sale or importation of such articles without the registered proprietor's written agreement is known as design piracy. The act of publishing or presenting such items for sale with knowledge of the illegal application of the design to them constitutes design piracy.

Penalties for copying a Registered Design

If someone violates the copyright in a design, he or she is responsible to pay the registered proprietor a sum not exceeding Rs. 25,000/- for each violation, with a maximum of Rs. 50,000/- recoverable as contract debt in respect of any one design. Any such breach may be prosecuted by the registered proprietor for the recovery of damages and an injunction against recurrence. As per Section 22 (2), the total amount recoverable as contract debt shall not exceed Rs. 50,000/-. (a). A complaint for infringement and damage recovery should not be filed in a court lower than that of the District Judge.

Patent rights are geographical in nature; an Indian patent grants no rights outside of the country.

In India and most other nations, patent rights can last up to 20 years.

You must apply to the relevant body depending on where you want your patent to be effective. This is The Indian Patent Office in India. Around the world, there are numerous Patent Offices. Alternatively, you can have a Patent Agent file your application on your behalf.

Obtaining Design Registration

The applicant might file the design registration application himself or through a professional ( i.e. patent agent, legal practitioner). However, if the candidates are not Indian citizens, they must hire an Indian agent.

Where can I apply for a design registration?

Anyone wishing to register a design must submit the following documents to the Controller of Designs at the Patent Office in Kolkata, or any of its branch offices in New Delhi, Mumbai, or Chennai.

Duration of a design registration with its extension

The lifetime of a design registration is initially ten years from the date of registration, but it is ten years from the priority date in situations where a claim to priority has been allowed. This first period of registration may be extended for a further 5 years by submitting a Form-3 application to the Controller along with a cost of Rs. 2,000/- before the expiration of the aforementioned initial period of Copyright. Even after a design has been registered, the owner of the design can apply for an extension.

Requirements for Filing

The Controller of Designs at the Patent Office in Kolkata, West Bengal, receives an application for Design Registration. This application can also be filed in one of The Patent Office's four branch offices, which are located in New Delhi, Mumbai, Chennai, and Ahmedabad.

The following method must be followed when filing applications for design registration in India:

a) An application, duly completed on Form 1 and accompanied by the required fees, giving the applicant's name, full address, and nationality. The legal status of the Applicant and the site of incorporation are necessary if the Applicant is not a natural person.

b) The title of the item to which the design will be applied.

c) The Locarno Classification is used to classify the article that contains the design.

d) Illustrations of the article's points of view, where the originality is found. Photographs or drawings depicting the perspectives from the front, back, top, bottom, and side views of the article might be used as representations (2 copies of each view) If the design is to be registered in more than one class, each class must have its own application.

e) On each representation sheet, a statement of innovation and disclaimer (if applicable) in respect of mechanical action, trademark, word, letter, and numerals shall be endorsed, signed, and dated.

f) When the core of a design as applied to a product is color combination, it must be clearly shown in the representation.

After the Design Office in Kolkata has examined the application, any objections may be raised. Following the dismissal of these objections, the Design Office may issue a certificate conferring copyright in a registered design. A design registration is valid for ten years from the date of registration. However, if priority is granted, the period of time begins on the priority date and ends 10 years later. Before the expiration of the said initial period of Copyright, an application via Form-3, accompanied by a fee of Rs. 2,000/-, may be made to prolong the said initial period of Copyright for a further period of 5 years.