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The new Design
Act was brought in to force on May 11th 2001 |
| What
can be registered: |
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| Basis
of originality: |
New
Pattern or Ornament: |
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What is Novelty and Originality:
|
|
Novelty
is judged and based on prior publication only in
India.
The registered design should be Novel i.e. new /
unknown as regards to its shape, configuration,
pattern / ornament or may be Original i.e. a design
may be known to have been applied on some other
articles but when applied to another article it
gives a new appeal to the other article.
|
|
The
classification for registration for the purpose
of registration designs are classified based on
the material of the goods / article on which the
design is applied. There are 14 classes in total
that includes class 1 (metals), class 2 (books/book
bindings), class 3 (polymeric materials) and class
14 (textile materials). |
|
Multiple
registrations is required, when the same article
is being intended to be registered for different
materials. |
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| What can not be registered: |
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Merely
mechanical devices / contrivances. |
|
Trademarks
or property marks are not registered. |
| |
| Effects
of Registration: |
The
registration of new or original design provides
the proprietor with copyright on the design i.e.
as exclusive right in India to apply the design
to any article in a class in which it is registered
during next 5 years from the date of registration
extendible to two further terms of 5 years each. |
| |
| Cancellation of registration : |
Cancellation
of registered design petition can be filed before
the Controller within one year from the date of
registration on grounds of its prior publication
in India or prior registration or before the High
Court but after lapse of one year of the date of
registration. The controller has no jurisdiction
to entertain a cancellation application but only
the High Court has its Jurisdiction to entertain
cancellation petition. The ground of lack of novelty
and originality in the design is the only ground
available before the High Court. |
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| Minimum
requisite requirements for filing: |
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Full
name, address and nationality of applicant / applicants.
|
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Name
of the article. |
|
Description
of Goods
|
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Photographs
/ drawings of article showing different poses from
all Angles with six copies of each pose.
|
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View
of the article from all sides. |
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Particulars
of priority application, if any.
|
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Material
predominant in the article (e.g. plastic, metal,
wood etc.) |
|
List
of countries to claim the priority, if any, where
the application / applications for Design has /
have been filed along with application number and
date. |
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Power
of attorney. |
| |
| Procedure
for the grant of Design : |
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The
design office examines the application and objections
if any, are raised thereto. |
|
The
design office issues the certificate after the objections,
if any are removed to the satisfaction of the Design
Office. |
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| Renewal
& validity period of Design : |
|
Design
is valid for the period of 10 years from date of
registration (date of original application) and
extendable for further term of 5 years.. |
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| Time
taken for registration: |
| The
registration time takes about 6 months. |
| |
| Enforcement: |
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Infringement
action for unauthorized use of registered Design. |
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Infringement
action can be filed in the District Court or High
Court having jurisdiction. |
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The
relief available include Injunction order, Rendition
of accounts of profits illegally if any, earned
by the defendant, damages, delivery up, costs. Anton
pillar orders are also issued. |
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| Note: The new Design Act 2000 has been passed making drastic
changes in the law. The same is yet to be implemented. |
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| :: Request
for Search/Watch/Register of Design : : |
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