Explained: Design Registration Process in India

INTRODUCTION

Designs are attractive features which can be of different shapes and sizes. Designs enhances the beauty of any entity. However, have you ever thought that the designs also need protection?

It needs protection from being copied either by its competitors or from anyone. It shall be registered under a regulation for the protection.

Under the Indian law, the designs regulation and protection are governed by the Designs Act, 2000 and the Design Rules which was enacted in 2001. It was additionally amended by the Designs (Amendment) Rules, 2008 and Design (Amendment) Rules, 2014.

How designs are protected and why are the protected shall be discussed in the latter part of the article.

DESIGN DEFINITION

Section 2(d) of the Designs Act, 2000 defines design. The section states “only the features of shape, configuration, pattern, ornament or composition of lines or colours applied to any article whether in two dimensional or three dimensional or in both forms, by any industrial process or means, whether manual, mechanical or chemical, separate or combined, which in the finished article appeal to and are judged solely by the eye; but does not include any mode or principle of construction or anything which is in substance a mere mechanical device”.

Designs are significant for any product or entity as in it expresses a clear image of a product and glorifies its beauty.

WHAT ARE THE ESSENTIALS OF DESIGN REGISTRATION?

The following are the essential requirements of design which needs to be fulfilled“

• Before the design registration or date of application, the designs should be unused or unpublished previously in any country. Hence, the designs are to be original and new.
• The core of the designs are the characteristics that are showcased through shapes, size, compositions or patterns that are applicable to the entity.
• Artistic work, trademark or property works are excluded from the requirement.
• There must be significant different from your design and the other already registered designs. If the designs are have similar features or looks alike even though with a slight difference will not qualify for the registration.

WHO CAN APPLY?

Any person or the legal representative or the assignee can apply separately or jointly for the design registration. “Person” includes firm, partnership, small entity or body corporate. The application can filed through an agent, in this case a power of attorney would be required to be filed.

NEED

Registering the design helps in protecting the designs from counterfeiting. Counterfeiting means copy or imitate any object with the intention of stealing or destroying the original thing. It protects the objects by complying with the Designs Act, 2000 at the Office of Controller General of Patents, Designs and Trademarks.

The main aim of registration of designs is to provide the owner of the design the exclusive rights to exploit the designs and then use it for commercial purposes. Only filing an application does not guarantee the registration of designs, before allowing it the registrar considers various facts.

PROCESS

Prior to Design Registration Process, it is important to note that the registration of designs can be applied at five different authorities.

• Controller Designs Patent Office in Kolkata
• Patent Office in Delhi
• Patent Office in Mumbai
• Patent Office in Chennai
• Patent Office in Ahmedabad

At any one of the four offices mentioned above, if an application is submitted, the same is redirected to the Kolkata office.

The following is the procedure for the design registration:

• Filing of application- the application should be filed in Form 1 along with documents that are name of the applicant and address of the applicant.
• Nationality of the applicant- in case the applicant is not a natural person, for example, a company, information such as the place of incorporation and the legal status of the entity are to be included and the required applicable fee.
• The class and sub-class of the article under the Locarno Classification embodying the design.
• The name of the entity for the design applies.
• Design representation-
  • If the design’s dimension is two, two copies of the design are to be submitted.
  • If the design’s dimension is three, two copies of the design from the outlook of the front, back, top, bottom, and the two sides must be submitted.
• The different and unique characteristics of the object should be highlighted in the application, that is different from the other existing objects.
• Where the application is made for registration in more than one class, each level of registration should have a different application.
• Statement of disclaimer or novelty needs to be affixed for the mechanical process trademarks, numbers, letters and etc. This must be duly signed and endorsed and dated on each representation by the applicant or the authorized person as a representative of the applicant.
• Following submission of the applicant, the patent office will examine the application and will put up objections, if any. Consequent to clearance of all the objections, a copyright certificate should be granted by the patent office to the design.
• Validity of the design registration- the design registration shall be effective for ten years from the date of registration.
• The term of registration can be expanded by another five years before the expiry of the first ten years by the submission of the application through Form-3 and reimbursing a fee of Rs. 2000.

DOCUMENTS REQUIRED

The following are some of the documents required when registering a design:

1. Applicant’s name and his address.
2. Applicant status i.e., whether natural person or legal person (company).
3. In case of start-ups the applicant should provide a certificate of registration.
4. The description of the article needs to be filed by the applicant along with the identification of the class as per the classification.
5. Minimum of 4 images or drawings of the article from every angle needs to be filed together with the application.
6. Power attorney, if filed by an agent.

ADVANTAGES

• As a design enhances the beauty of any article or entity, it makes it attractive and appealing which also increases its commercial value and marketability of the product. Therefore, whenever a design is protected the owner can sue a person or company who copy the design of the original product.
• The registration of the design protects the image or diagrammatic representation of the product.
• A unique design adds a creative in the product which add value to it and also add an individual character to the product.
• It provides a legal shield and protects the design from being counterfeit which is of paramount importance.

CONCLUSION

From the above stated reasons and facts, it is concluded that registering a design it important not only to protect the design but also gives the owner a right and showcases the owner’s creativity and originality. Therefore, any new design must be registered to avoid any issues thereafter.