In this article we look into why protection of intellectual property became a legal matter and need for design registration why you should register your intellectual property.
Intellectual property is any original creation of the mind that is commercialized. It is the only intangible property that can be commercially valued. The need for the intellectual property originally came into the picture when literary writers and publishers began to seek protection of their work. The manufacture and sale of products required licenses from the state who made sure through the licensing process that a market was not plagued by over-exposure and counterfeiting. However, there was no license required to produce a literary work. In a literary work, the words and the writer’s imagination are the product, which are intangible. A law was introduced protecting the original literary work of any person, by giving the creator the exclusive license to commercialize his or her work and any infringement of this license would be punishable by the law.
Soon, the scope of these laws was expanded to almost all creative aspects of commerce and intellectual property laws began to be enacted as and when innovation in industry was ushered in. As of now, there are four aspects of a commercial endeavor that are protected under intellectual property laws.
- Copyright – This is any original work of art, including literary works, musical compositions and visual arts and motion pictures. These were the first creative works that enjoyed protection under the intellectual property laws
- Trademark – This is the brand name or brand symbol under which a product is marketed and sold. The idea of a brand is to trigger a favorable association in the consumer’s mind, inducing them to buy the product.
- Patent – The laws protecting innovation and invention in commerce, especially in mechanical and functional design.
- Design – Patents and design were covered under the same laws originally. But since the distinction between functional design and aesthetic design have become more marked and each aspect of design contributes in their own unique way to the success of a product, the two were offered protection under their own specific laws.
Fashion products of course rely on the design because the design is the product. But highly technical consumer products, like mobile phones and automobiles also rely heavily on design aspects such as colour, pattern and shape to market their products because the design aspect is more relatable to the consumer than the technical advantages of the product.
Now, it is not possible for the authority in charge of upholding the intellectual property rights to be aware of all the intellectual property of their own cognizance. So any intellectual property that seeks to be protected under the law has to be registered with the governing authority in order to grant it the official status of a protected intellectual property.
But this does not mean that an intellectual property that is not registered does not get protection under the law. If the owner of an intellectual property can prove that a registered and protected intellectual property is in fact an imitation of an unregistered intellectual property, the courts can withdraw the status for the registration granted to that particular item. So what is the advantage of getting a Design registration certificate
Benefits Of Registering A Design
When a design is registered under the Designs Act, 2000, it receives multi-faceted protection. Some of these facets extend as commercial benefits as well. Let us take a look at the reasons why one must register their design under the Designs Act.
- Exclusive commercial rights – The grant of a certificate of registration gives the certificate holder the exclusive right to use the design in commercial ventures for a fixed amount of period. This allows the owner ample amount of time to create a distinct identity around the design and create an association with the market as to what the design stands for. During this period, no one can use a similar design in their commercial ventures.
- Right to sue – It is not that an unregistered design cannot sue. But the certificate of registration reduces the burden of proof in the event of infringement of intellectual property rights. It makes the ability to litigate a lot more effective, given that the concerned authorities have already performed the necessary due diligence with regards to the originality of the design before certifying it.
- Protection for an extended period – The certificate protects the design for a period of ten years and five more years if the owner of the design applies for an extension. Given that aesthetics and designs keep changing and evolving quite often, ten years is a good amount of time to exploit the commercial value of the design to the maximum. Besides, even if the commercial value of the design is estimated to be beyond ten years, ten years of exclusive trading rights is sufficient to establish a commercial identity amidst the market, making the requirement for the protection of its identity unnecessary.
- Exclusive right to sell or license the design – The certificate identifies the registered applicant as the owner of the design and hence makes him the sole authority to sell or license the design to any number of enterprises as he or she wishes.
- Enhanced value – When a design is protected, it comes with an increased commercial value. So if the owner of a registered design is engaging with other enterprises for the sale or licensing of the design, he or she is offering more than just the aesthetic value of the design. He is offering protection and the facility to take action against any unauthorized use and piracy. Thus, registration can enhance the commercial valuation of a design.
- Recall value – The registration certificate gives the owner complete control over how a design is presented and consequently perceived by the market. This allows the owner to create a strong recall value for the design, making it easier to sell a product and increasing the demand for the said design
Conclusion
The process of registration of a design may seem tedious and lengthy. But the benefits that come after far outweigh the trouble that goes into registering. The process of registration can be easily simplified by simply engaging an expert in intellectual property law who has hands-on experience with registration of a design under the Design Act – https://ipindia.gov.in/designs-act-2000.htm . The expert can not only guide you on the filling and filing of the form but also with dealing with any objections or rejections the application may face from the controller. If you are looking to register you design or have some queries with regards to registration of a design, contact vakilsearch and our team of experts in intellectual property laws will guide you with the registration process and address any queries you may have.
FAQs
Who are eligible for Design Registration?
Any person or entity who has created a new and original design can be eligible for design registration in India.
What is the Validity of Design Registration?
The validity of a design registration certificate is initially 10 years from the date of registration. It can be further extended for an additional 5 years
Is it possible to register a design again in respect of which Copyright has expired?
No, it is not possible to register a design again in respect of which the copyright has expired. Once the copyright of a design has expired, it is no longer eligible for design registration.
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