Design plays an essential role in getting your brand recognised. To protect your Design from getting plagiarised, it is important to register your Design under Design Act, 2000. Read this article to understand how it can be done seamlessly.
In today’s world, the design of an article or product is an integral part of the brand’s visual recognition. The more catchy and appealing design is, the more likely it is to grab the buyer’s attention. As a result, many companies spend huge amounts of money and time to get the right design that signifies the product’s value.
It is, therefore, essential to protect the patent right of your product’s design from getting infringed. The Design Act 2000 came into force to prevent the same from happening. An application for a design Incorporation needs to be filed by the person owning the design. However, there is more to this registration process that you must know. Also, learning more about the Design Act 2000 is essential too. We have discussed it all in detail below.
The Design Act, 2000
In India, the Design Act 2000 is the amended version of the Design Act 2008, where the design of any product or an article is legally protected and registered. The Act only protects the patent right of the design that is tangible. However, before registering your design, it is important to understand the legal definition of design.
A design relates to the patterns, shapes, ornaments, composition of lines, configurations, and 2 or 3-dimensional designs made with the industrial process mechanically or chemically with tangible appearance comes under design. The objective of the Design Act is to protect the physical appearance of the design, and it does not protect the method or process of making a particular design.
Furthermore, the Design Act protects non-functional designs. The Act gives the registration rights to the owner whose design is applied to the articles, not to the function of the article. The details of the other requirements of the Act are discussed below.
Requirements for design protection under Design Act, 2000
To apply for design protection under Design Act 2000, the design to be protected must be in accordance with the following requirements:
- The design must be new and original
- The appearance of the design should not be closed anywhere in Indian or foreign territories before the protection
- It should not be used anywhere before applying for protection
- The design should differ from any known combination and features of a particular design
- It should not conflict with anyone’s public order, integrity, and morals
- The design should not be prejudicial in any way to the security of India
- The design should not include a trademark, artistic rights, property mark, or registered logo under the Copyright Act of 1957.
Eligibility for application of Design Incorporation
Section 5 of the Design Act, 2000 defines the eligibility of the proprietor who can apply for design protection. The section states that any person, firm, partnership, corporate body, or small entity can apply for the registration of the Design. In addition, they can apply on their behalf if the person has a legal representative or assignee.
Section 5 of the Act also gives the controller the right for the Design’s inspection to be registered. Therefore, the controller cross-checks all the filed details of the Design by running a physical examination of the Design. Apart from this, many documents are required to complete the application process, which is mentioned below.
Documents required for design Incorporation
To complete your design Incorporation application, you must submit the following documents as per Indian Design Act, 2000.
- Filling out Application Form 1
- Representation sheets in the form of images, graphics, diagrams, specimens, and drawings of the new design
- Details of the article specifications for which you are filing design protection
- Identity proofs, address proofs, and commercial proofs
- A copy of the certificate stating the priority for filing the protection of the Design
- Classification of the goods for design protection as per the Designs Act 2000..
The documents mentioned above may vary with different industry designs and cases. So, it would be best to consult an attorney for your design case and know your documents well in advance.
The application process for Design Incorporation
Anyone who wishes to apply for design Incorporation must submit the above-stated documents. You can submit these documents to the Design Wing section at any nearest branch of the Patent office. The patent office has head branches in Delhi, Mumbai, and Chennai.
The applications which the patent offices receive are then transferred to the Patent Office head branch in Kolkata. After that, the application is processed and prosecuted for further processing.
All the applications are analysed in the order of filing of an application under Sections 5 and 44 of the Design Act, 2000. The application process for design protection is listed below:
- The application must be filed as prescribed in Form 1 with required fees and information such as full name, address, article name, nationality, class number, address of service, and article name. You also have to attach four copies of the representation of the design on paper of size 210 mm x 296.9 mm.
- Attach clear and organised photographs, drawings, and graphics of the design that clearly defines the features from different views along with the form.
- The applicant or his authorised agent must sign the application. However, if you have a small enterprise, you must submit Form 24 and documentary evidence along with the application form.
- A declaration of innovation and disclaimer (if any) must be added to a representation sheet which should be appropriately signed and dated in relation to a trademark, mechanical action, letter, or numerical work.
- If there are any flaws in the application during the assessment, then the applicant or his agent will be notified of the same. Such flaws must be fixed within six months of the application date and may be extended for another three months upon request and payment of the required fees.
Final Words
The design of an article or a product is crucial to establishing a brand’s visual identity. The design of your product must be fresh and original so that you can get it protected from any infringement. The Indian Design Act, of 2000 helps you exercise design protection right by following a quick procedure. To know more about the design Incorporation process, reach out to our legal experts at Vakilsearch.
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