A brief overview of design registration: Design Registration in India protects various industrial designs through the process of registration. The entire procedure of Design Registration is governed by the Designs Act 2000 and its corresponding Designs Rules 2001.
An article’s design is the unique features of shape, figure, blueprints, or decorations, or a combination of lines, hues, or combinations thereof, which may be two-dimensional or three-dimensional or in both formats, created by any manufacturing process. It is possible to create a design via mechanical, automated, or chemical processes, separate or all-inclusive, resulting in a finished product that is easily recognizable by the eyes alone. Although it does not contain any modes, standards, constructions, or anything that is essentially mechanical in material terms. In addition, it does not include trademarks registered under Section 2(v) of the Trade and Merchandise Marks Act, 1958, property marks, or artistic works as defined under Section 2(c) of the Copyright Act, 1957.
Design registration is an important part of safeguarding a novel or innovative design created under the Designs Act, which will be applied to an article under the manufacturing process using an Industrial Process or Mode. There are times when customers’ buying behavior towards certain articles for consumption is influenced not only by their product quality but also by the design patent india of their appearance, e.g., a mobile phone or goggles. One of the main objectives of obtaining a Design Registration is to make sure that Some copycats may use the design on their products, depriving and deceiving the original creator, craftsman, engineer, or designer of his bona fide reward.
Design registration has many benefits
As a result of the Design Act 2000, there are a number of obvious advantages to having your design registered
- A legal safeguard against design plagiarism
is provided by the Design Registration process, which prohibits other companies from copying, reproducing, selling, or distributing products bearing the same design as that of the original company.
- Originally valid for ten years, design registration certificates can be extended for an additional five years after the expiry of the ten-year period.
- Design registration provides businesses with a Unique Selling Point. This means that their products get a distinctive character and look that sets them apart from their competitors.
- Saves The Creativity
Product designs that have been registered are unique globally, which means that they haven’t been published in any WTO nation or used in India.
- Induces Client Response
Another reason to register a design, it will appeal to the general public and will be judged only visually.
- Induces Innovation
– Uniqueness is the key to Design registration, so the product needs to be alluring and different from other products, which promotes innovation and promotes healthy competition.
A Design Registration’s Validity
A design is initially registered for ten years after its registration date, but if a claim to priority has been granted, it will be registered for ten years after the priority date is granted. A further period of five years may be added to the initial ten-year registration period by submitting an application to the Controller in Form-3 with prescribed fees before the end of the initial ten-year registration period. Upon registering a design, the proprietor may apply for an extension.
Frequently Asked Questions
- In the event of the piracy of a registered design, what is the penalty?
If Anyone who violates a registered design’s copyright will be liable to pay a sum of INR 25,000/- to the registered proprietor for each such violation, and the maximum penalty will be INR 50,000/-. In the case of any one design, this will be recovered as a contract debt. Any breach of contract can be prosecuted in court to recover trade damages and ban the repetition of the same offense by the registered proprietor.0/-as the contract debt as stated under Section 22(2)(a). Any suit for violation of law, recovery of damage, etc, should not be filed in a court lower than the District Court Judge.