Overview of Design Registration
Design registration is done to protect the shape, features, patterns, or ornaments. Often intellectual property is protected under design registration. The design can be of three-dimensional features, such as the shape or configuration of an article, or of two-dimensional features which includes patterns or ornaments. Words “pattern” and “ornament” talks about those things which are embossed, engraved, or places upon an article for glamorizing it.
Under the Design Act, 2000, things like shape, configuration, pattern or ornament or composition of lines or color or combination used in an article is registered. A design must satisfy the following conditions in order to be registered:
Design registration gives exclusive right to its owner and creator. The registration gives authority to the creator to use the design for a period of ten years, the time period can be extended for five more years. In case of any infringement, the owner can seek legal help under the design Act.
Benefits of Design Registration
- A good design makes any article or ornament attractive and appealing. Thus, it enhances its commercial value and at the same time increases the marketability of the product.
- When a design is protected, the author has the right to sue the person or entity who are copying or imitating the design. This guarantees that the design of the product is authentic and original and is exclusive to the owner.
- Design registration protects the visual traits of products/packaging. There are number of companies which depend on copyright and give themselves sufficient coverage. However, when conflict arises the other party will contest the validity of copyright. Therefore design registration can be regarded as the perfect alternative to proof the validity of certain rights.
- When a designer adds something unique/creative to its product it sort of adds individual character to the design. The uniqueness has its own approach in the market which helps the new product in forming its own place between all existing products.
Documents Required for Design Registration
- A certified copy of the original or certified copies of extracts from disclaimers
- Other public documents can be made available on payment of a fee.
Make sure to keep the affidavit in paragraph form and it should consist of declaration of truth and verifiability. As per the Fourth Schedule, controller regulates the cost involved in the design registration process.
Aspects of Design Registration
- File Professionally
It is essential to file professionally for the Design Registration since it is the convenient way to ensure that the design is secured properly. With the help of an experienced professional like Corpbiz help in the process of design registration by filling a professional application and addressing all the aspects of the Design Act.
- Government Process
Design Registration is somewhat tedious process which is only performed by the Registrar. Registrar goes through the facts and premises of each case. Hence, with the help of professional it is easy to file for design registration application. Knowledge, experience, and expertise of the professionals make the registration process easy.
Once you have filed the design registration application, it becomes your responsibility to keep a check on the status of the application. Design registration application often goes through different time bound response or action from the applicant.
Patent Office creates a list of all the designs which are registered. The purpose behind the list is to aware competitors about the registration of a design and thus prevents counterfeiting. In case of any imitation, owner of the registered design has the right to take legal action under the Design Act.
- 10 Year Protection
Design Act legally protects the designs registered under it for a period often years, renewable by another five years.
Difference between Trademark and Design Registration
- Difference in Definition
Trademark: A Trademark works as a symbol of your trade. A symbol can be in the form of a logo or word. Trademark registration protects such symbols from imitation.
Design: An exclusive diagrammatic representation, which is done to prevent the designs.
- Difference in Innovation
Trademark: A trademark can be anything, that is, from word to logo to word mark or to even a shape. It is not necessary to keep the trademark innovative.
Design: A design is more than just a representation hence it is necessary to make it more innovative and unique.
- Difference in Protection
Trademark: A Trademark is the reflection of a business which it symbolizes. How the trademark looks is depend on the factor what trademark is about. Trademark protection is given so that no other company will use the same mark and in case of any infringement trademark holder has the authority to sue the company.
Design: The purpose of Design Registration is to safeguard the product. It covers all the aspects of the product, that is, how it looks and what it does.
- Difference in Protection Act
Trademark: Trademark Act 1999 protects the trademark. A mark that can be presented graphically and is efficient enough to differentiate the goods and services of one person from another person can be considered for registration.
Design: Design Act 2000 protects the design, as per the act, things like shape, configuration, pattern or ornament or composition of lines or color or combination used in an article is registered.
Registration Procedure of Design Registration
Culminating the design is the initial move towards product accomplishment for any organization. An enormous measure of assets and time are spent in making plans that stand out in the marketplace and grab the attention of the consumer. Naturally, organizations might want these plan rights to be secured with the goal that their valuable ideas are not taken by third parties.
The administration office accountable for registration of the mechanical plan is the Office of the Controller General of Patents, Designs and Trademarks. Registration and securing modern plans in India are directed by the Designs Act of 2000.
The official meaning of 'Design' signifies the highlights, for example, shape, configuration, pattern or color or a mix applied to any article by any mechanical procedure, which in the completed article appeals to the eye. It does exclude any rule of development or any trademark, property mark or creative works. The structure ought to be new or unique and ought not have been distributed in any nation before the date of application for registration.
Registration Procedure is as follows:
- Check for Previous Registration
Check if you have registered your design in the past. For that purpose you have to file an application to the Patent Office. It is wise of you to register designs as soon as possible because the system works on the basis of first-to-file rule.
Write an application and provide the information like name and address, whether you are a company or an individual, details related to the article and its class etc.
- Scrutiny and Approval
The Patent Office later examines it. If it is all together, it gets approved and registered and later certificate of registration is issued to the applicant. After the recording of plan, the article, alongside other bibliographic information, gets advised in the Patent Office Journal, distributed each Friday. The whole idea could take around a year in the event of complications.
- Registration of Design
Once your design is registered it makes an entry into the Register of Designs, it is a document that Patent office maintains. It consists of design number, date of filling, class number, address and name of the proprietor.
- Duration of the Design
Design Registration lasts up to 10 years which can be extended for five years.
- Priority Claim
India is one of the signatories to the Paris Convention, so the arrangements for the privilege of need are relevant. This case permits you to file another application in a different nation for a similar or trademark, significant as of the date of filing the principal application.
- Design Infringement
In case of any infringement proprietor has the authority to take legal action to stop exploitation and to claim any damage. The law breaker is bound to pay Rs 25000 for any damage caused by him or her.
Penalty to be paid for the Piracy of the Registered Design
In the event that anybody contradicts the copyright in a design he is subject for each offense to pay a sum of Rs. 25,000/ - to the registered proprietor subject to a limit of Rs. 50,000/ - recoverable as agreement obligation in regard of any one plan. The registered owner may bring a suit for the recuperation of the harms for any such negation and for order against redundancy of the equivalent. All out total recoverable will not surpass Rs. 50,000/ - as agreement obligation as expressed in Section 22(2)(a). The suit for encroachment, recovery of damage and so forth ought not be recorded in any court underneath the court of District Judge.
Frequently Asked Questions
A document maintained by the Patent Office, Kolkata, to keep a check on the design number, class number, date of filing, and reciprocity date, address of the Proprietor, name of the Proprietor, and other matters that can affect the validity of proprietorship.
The purpose of Design registration is to secure new and original designs.
The time period of the registration is maximum ten years which can be extended for five more years.
Piracy of a design implies the utilization of a design or its impersonation to any article having a place with class of articles where the design has been registered with the end goal of offer or importation of such articles without the composed assent of the registered owner. Distributing such articles or uncovering terms available to be purchased with information on the unapproved utilization of the design to them also comes under piracy of design.
Yes, you can cancel registration of design at any time. A petition has to file for cancellation in form 8 to the Controller of Design on the following matters:
- Design is already registered in India
- Design is published before the date of registration
- Any unregistrable design
- If it not a design under Clause (d) of Section 2