A product's value can be increased by using industrial design. It has the potential to make a product more enticing to customers. As a result, any designer or manufacturer's business strategy should include safeguarding key designs.
Design Registration in India
The appearance of the whole or portion of the product is protected by registered design. Lines, colors, shapes, textures, materials decoration, packaging, and graphics are all examples of this. It can safeguard everything from intricate industrially produced things to one-of-a-kind handcrafted items. Lets discuss in details about whether design registration worth it in india.
The cost of registering a design in India is low, the process is simple, and it takes less time, making it a viable option for businesses. The number of design registrations is steadily increasing, which is always excellent news for India’s economy. The sole disadvantage is that, in comparison to the lifetime of protection provided by copyright, a design registration covers a specific design for just 10 years, which can be renewed for another 5 years.
India is no stranger to the bogus business (a walk through any roadside market in India would demonstrate the scope and magnitude of this industry), which poses a severe threat to the country’s consumers and costs the government billions of dollars. Many well-established enterprises that rely on their customers’ trust sell products that are only recognizable by their appearance to the naked eye, and thus run the possibility of counterfeits with identical appearances being manufactured and sold by their competitors. This is where registering a design provides 360-degree protection against imposters.
To Get Valid Protection the Design Must:
Be Unique: In the EEC, you must apply to register the design before it is made public (for example, by posting it on a website), and nothing else like it must exist. In India, Design registration is done under the Designs Act 2000[1], which provides 10 years of design protection for registered designs.
Have a Distinct Personality: This means that the product’s “overall impression” of relevant facts must be distinct from the appearance of other known designs, which is where the amount of “design freedom” will be considered. To put it another way, you can’t defend an automobile just because it appears aerodynamic and has four doors and wheels, headlights, and bumpers – all of which are well-known and well-used.
Worth of Design Registration
The owner of a design obtains the sole right to prevent unauthorized copying or imitation by others by registering it. This makes business sense since it increases a company’s competitiveness and often generates additional income in one or more of the following ways:
- Registration protects a design from being copied and duplicated by competitors, giving you a competitive advantage
- Industrial designs are corporate assets that can raise the economic worth of a company and its products, thus registering a valuable design can help you get a good return on your investment. The higher the value of a design to the company, the more successful it is
- A registered design may also be licensed (or sold) to others for a fee. You may be able to penetrate markets that you would otherwise be unable to serve by licensing them.
- Design registration promotes fair competition and ethical business practices, which in turn promotes the manufacture of a varied range of aesthetically pleasing items.
Pros And Cons of Design Registration
Advantages and Disadvantages of Design Registration are discussed below,
Pros of Design Registration:
Exclusivity and Legal Protection
By registering your design, you gain legal protection and exclusive rights for a specified period. This prevents others from copying or using your design without your permission, and you can take legal action against infringers.
Deterrent to Infringement
Design registration acts as a deterrent to potential infringers, as they are aware of the legal consequences of copying a protected design.
Economic Benefits
Design registration allows you to license your design, generating a consistent revenue stream. It can also increase the value of your company if you decide to sell it.
Building Brand Identity and Reputation
Registered designs differentiate your brand from competitors, showcasing your commitment to quality and creativity. This can attract new clients and build a strong reputation.
International Protection
Design registration provides worldwide protection, which is beneficial if you plan to expand your business internationally, ensuring your intellectual property rights are safeguarded.
Securing Investment
Having legally protected designs can enhance your chances of securing investment for your company, as investors value intellectual property rights.
Protection Against Counterfeiting
Registered designs make it easier to identify and prevent counterfeiters from using your design without authorisation.
Cons of Design Registration:
Time and Cost
Registering a design involves both time and cost, including application fees and professional assistance, which should be considered before pursuing registration.
Possibility of Rejection
There is a chance that your design registration application may be rejected, leading to delays and additional costs.
Limited Protection and Exclusivity
In some cases, design registration may provide limited protection and exclusivity, depending on the jurisdiction and scope of the design.
Limited Duration of Protection
The duration of design protection is limited, varying between countries. Once the protection period ends, others may be able to use or replicate your design.
Conclusion
We at Vakilsearch will be pleased to assist you in safeguarding your new product designs. Also, if you need assistance defending your current IP against a rival, please contact us and we can put you in touch with reputable IP attorneys that can help you with your needs.
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