Get to know all the Regulations for Registration of a Design under the Design Act 2000. learn the documents required for registration of a design and protect it under the Design Act of 2000.
The laws of intellectual property in India protect the rights associated with trademarks, copyrights, patents, designs, and other goods. Registration of a Design under the Design Act 2000 This Act functions based on the ‘first to file, first to get a policy. It suggests that an architect or proprietor of any design should submit a form to register the same as soon as possible to avoid it pirating and claiming specific rights over that unique design.
The Design Act of 1911 governs design certification. A new Act was passed in order to bring the Design Act into compliance with international law. The Design Act of 2000 now governs design laws.
What Is a Design Act of 2000
It is a law that merges and amends the design protection law. It was published in the Indian bulletin and came into effect on 12 May 2000. This law is a complete code in itself and is legal. It is widespread throughout India.
As per the Act, the word ‘design’ represents a form of shape, pattern, configuration, or combination of colors or layers which is modeled in three dimensions or two dimensions or in both utilizing any of the techniques including manual, chemical, mechanical, segregated, are integrated which in the complete form can be judged by the naked eye.
- It does not contain any procedure to construct any trademark as described under clause (v) of Sub-section (1) of Section 2 of the Trade and Merchandise Marks Act, 1958
- It does not contain any property mark as interpreted in section 479 of the Indian Penal Code, 1860
- It does not contain any cultural labor as distinguished in clause (c) of Section 2 of the Copyright Act, 1957
We frequently come across items and products whose designs instantly make them recognizable. People tend to recognize a product primarily based on its form, shape, or structure because of its distinctive design.“Design” refers to features of shape, pattern, configuration, ornament, or color or line composition that are applied in three-dimensional or two-dimensional or both forms using any of the manual, chemical, mechanical, or separate or combined processes and appeal to or are judged entirely by the eye in the finished product.
Documents Required
The following documents are required for registering the design
- The power of the attorney is executed on ₹200 non-judicial stamp paper and is formally signed by the company’s owner/partner/director (Form 21 for agents and lawyers should be submitted)
- 4 copies of the design that is a photo, drawing, or trace of the design to be registered on A4 paper
- A leaflet with details of design, usage certificate, and priority (pre-registration, registration application, etc.).
Registration of a Design under the Design Act 2000
To effectively register your design under the Design Act of 2000, your design should comply with the following aspects.
Novelty and Originality
- A design is registered only if it’s unique
- A mixture of an already registered design can also be registered if it provides new visuals
- The common shape and form are not enough to prove novelty.
Design Must Be Unique, a Prior Publication Is Not Acceptable
- The design should be unique and it should be published only once
- In case the design is already published by someone then it is not eligible
- The design should not be copied from an already existing design in the market
- Showcasing any design on any public platform by the inventor is considered the introduction of that design to the market
- Private and personal use of the design does not come under the publication and can be used on a practical basis.
Making Application of Design to an Article
- The eligibility of the design should be to the article itself
- It can be notified by a three-dimensional diagram
- Even two-dimensional diagrams are also accepted.
The Design Must Not Be Contrary to the Order and Morality
- The creator should register the design under the Design Act of 2000
- It must not be restricted by the government of India or any institution
- The suitable design will be registered under Section 5 of this Act
- Designs that result in violence or hurt the emotions of the people may not be authorized.
How to Register a Design Under the Design Act 2000
- The registration application is drafted in the patent office and it is submitted along with the fees
- The design which is for registration must be classified in the application
- There are separate forms that need to be documented for each stage of the article
- The supervisor will provide the application for analysis to check whether the design is eligible for design registration
- If everything is accurate then the supervisor will approve the application
- If there is any objection, then the applicant or his dealer will be inquired to make necessary revisions to register the design and re-apply
- If the objection is not resolved within three months after the hearing, the application will be revoked and it must be reported.
How Vakilsearch Can Help in Registering Your Design
The experts at Vakilsearch can register your design and provide you exclusive rights over it in just three steps. Reach out to our experts for help with quickly registering your design. After analyzing your design our experts will file for registration along with the required documents to the application wing of the patent office. The registration process is very easy and simple when done with Vakilsearch.
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