An article that is created under an industrial process can be protected from counterfeiting by a design registration, a type of intellectual property protection. An Indian Design Registration provides the owner with the authority to use the Design for ten years, and the time can be extended for a further five years. This article discusses how to register your design.
The Definition of a Design
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The Designs Act 2001 defines a design as only a shape, pattern, configuration, composition, or ornamentation of lines or colors that is applied to an article, whether it is two-dimensional, three-dimensional, or both, by an industrial process or any method, mechanical, manual or chemical, separated or combined, that are only judged by the eye in the finished product; however, this is not taken into consideration based on the principle of construction or any device which is essentially mechanical in nature.
India’s Design Registration Advantages
Once a design is registered in India, an owner can enjoy the following benefits:
- Original and exclusive rights to the design
- Proprietor/owner’s asset
- If a third party infringes, a legal action can be initiated
- In an infringement suit, serve as prima facie evidence
- Design can be sold, transferred, and licensed easily
- Requirements essential for success
The following are essential requirements for registering and protecting a design under the Design Act, of 2000:
- During the application process, the design must be original and new, meaning it must not have been used or published anywhere else before.
- Design should be able to distinguish itself from existing designs or combinations of existing designs in a significant way
- It is not acceptable for a design to contain scandalous or obscene material
- Design shouldn’t be merely mechanical
- Articles should be designed in a way that appeals to the eye
- There should be no conflict between a design and public order or morality
FAQs on Design Registration
1. How does design work?
Design is a two-dimensional or three-dimensional composition of shapes, ornaments, patterns, colors, or any other visible aspect.
2. Does Design registration have to be done?
Even though design registration is not mandatory, it can protect the design’s uniqueness and authenticity.
3. Registration of designs: why should you do it?
Registration of a design application status grants it copyright for ten years, which may be extended by five years. The owner has exclusive rights to use the design in the category in which it is registered.
4. How do I apply for a Design registration?
Immediately after the design has been finalized and before it has been shown to others, an application for design registration should be filed.
5. Can anyone apply for a Design registration?
Design registration can be obtained by the proprietor of any design, by an assignee (jointly or separately), or by his agent or representative in the case of a non-resident Indian.