IPR
DESIGN REGISTRATION
INTRODUCTION OF DESIGN REGISTRATION
The Design Act, 2000, was made effective from May 11, 2001, and
the Designs Rules, 2001 govern the registration of designs in India. According
to the Act, the design registration protects the features of shape, pattern,
ornamentation or composition of lines or colours that are applied to the
articles. Since a design registration tries to protect only the design’s visual
appeal, it does not include any scope or feature that is a mode of construction
or a mere mechanical device or any artistic work that is covered under the
Copyright Act or any trademark included under the Trademarks Act.
ADVANTAGE OF DESIGN REGISTRATION
o A
well-designed article will be more attractive and sellable.
o Attractive
designs can increase the product’s marketability.
o If the
design is original and authentic, the owner can sue anyone who copies or
imitates it.
o Design
registration protects packaging or images.
o If
necessary, the other party must show that the copyright is valid.
o Design
registration is a great alternative to proving a copyright’s validity.
o A
designer can create something original and unique for their product. This gives
the product its character. Its uniqueness is rooted in the market and allows it
to be unique among the other brands.
PROCESS OF DESIGN REGISTRATION
STEP 1:- EXAMINATION
The Controller of Designs refers a request for registration of a
designer to an Examiner of Designs, who examines as follows:
1. If the documents and
application meet the formal requirements.
2. If such a design applied to an article is
registered, it must be registered under the Designs Act 2000 and Designs Rules
2001.
STEP 2:- FORMALITY CHECK
The Examiner decides whether:
o The
prescribed format is required for the application
o Have you
paid the prescribed fee?
o Is the
name, address, and nationality of the applicant listed?
o The
application form includes the address for the service.
o The
application form must contain a declaration of ownership.
o Is the
representation sheet following Rule 14?
o Is the
power of authority filed, if applicable?
STEP 3:- SUBSTANTIVE EXAMINATION
To determine if the design is correct, a substantive examination
is performed.
o What is
the Act’s definition of desirable design?
o Are you
intending for something fresh or extraordinary?
o Do you
intend to interfere with the public order or morality of the community?
o Do you
believe this is a big issue to India’s security?
STEP 4:- CONCERN OF THE REPORT OF THE EXAMINER
The Controller will consider the Examiner’s report on the
eligibility of a design for registration as it applies to an article. If the
latter is eligible, the registration shall be done immediately. The applicant
shall receive the registration certificate as soon as possible.
o After
reviewing the report, the Controller may decide that the applicant has
objections or that the application needs to be amended. A statement of
objection will be sent to the applicant.
o The
applicant’s application will be withdrawn if he fails to respond to the
objections or applies for a hearing in the three months following the date of
the communication of the statement of objections.
o The
duration for complaints to be removed must not surpass 6 months from the filing
date. This period can be extended up to 3 months by filing Form-18 within the 6
months. The application for design registration shall be granted if the
candidate meets all requirements set out in the Act and Rules.
STEP 5:- DESIGN REGISTRATION & PUBLICATION
o After
registration is made, the application is usually circulated in the Patent
Office Journal within 1 month.
o The
application number & the registration number are identical. Generally, the
date of registration for a common application conforms to the filing date.
STEP 6:- REGISTER OF DESIGNS
All documented designs are included in the Register of Designs,
Kolkata Patent Office. Public inspection is possible on the register. An
e-register can be accessed on the IPI portal.
📄 Document
Title: DESIGN REGISTRATION DOCUMENTS
📜 Document Instructions:
Format: 🖼️ Image (JPG)
📄 Document
Title: COMPANY PROFILE OF DESIGN REGISTRATION
📜 Document Instructions:
Format: 📄 PDF
Service Related FAQ
WHAT IS DESIGN REGISTRATION?
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. Understanding the importance of design registration ensures that creators protect their intellectual property rights effectively.
WHAT IS THE VALIDITY OF DESIGN REGISTRATION?
Design registration in India is valid for a period of 10 years and can be extended for a further term of 5 years with the payment of the necessary fees.
HOW MANY TIME TO PROCESS DESIGN REGISTRATION?
It takes a turnaround time of about 3-6 months for a design to be registered with the Patent Office. Once the application is accepted and registered a certificate of registration is issued to the applicant.
WHAT IS MEANT BY AN ARTICLE UNDER THE DESIGNS ACT, 2000?
Under the Designs Act, 2000 the "article" means any article of manufacture and any substance, artificial, or partly artificial and partly natural; and includes any part of an article capable of being made and sold separately.
WHAT IS THE OBJECT OF REGISTRATION OF DESIGNS?
Object of the Designs Act is to protect new or original designs so created to be applied or applicable to particular article to be manufactured by Industrial Process or means. Sometimes purchase of articles for use is influenced not only by their practical efficiency but also by their appearance. The important purpose of design Registration is to see that the artisan, creator, originator of a design having aesthetic look is not deprived of his bonafide reward by others applying it to their goods.
WHEN DOES THE APPLICANT FOR REGISTRATION OF DESIGN GET THE REGISTRATION CERTIFICATE?
When an application for registration of a Design is in order, it is accepted and registered and then a certificate of registration is issued to the applicant. However, a separate request should be made to the Controller for obtaining a certified copy of the certificate for legal proceeding with requisite fee.
WHAT IS THE EFFECT OF REGISTRATION OF DESIGN?
The registration of a design confers upon the registered proprietor ‘Copyright’ in the design for the period of registration. ‘Copyright’ means the exclusive right to apply a design to the article belonging to the class in which it is registered
WHAT IS THE DATE OF REGISTRATION?
The date of registration except in case of priority is the actual date of filing of the application. In case of registration of design with priority, the date of registration is the date of making an application in the reciprocal country.
IS IT POSSIBLE TO RE-REGISTER A DESIGN IN RESPECT OF WHICH COPYRIGHT HAS EXPIRED?
No. A registered design, the copyright of which has expired cannot be re-registered.
WHY IS IT IMPORTANT FOR FILING THE APPLICATION FOR REGISTRATION OF DESIGN AT THE EARLIEST POSSIBLE?
First-to-file rule is applicable for registrability of design. If two or more applications relating to an identical or a similar design are filed on different dates only first application will be considered for registration of design.
