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WHAT WE DO - DESIGN

NEW OR ORIGINAL DESIGNS APPLIED TO AN ARTICLE BY INDUSTRIAL PROCESS. PROTECT THROUGH DESIGN REGISTRATION

Search

Essential requirement for registering design is that the design should be new or original, not previously published or used in any country before the date of application for registration. Basis of design search lies on former requirement.

1. Assignee-wise Search

  • For India
  • International

2. Description-wise Search

  • For India
  • International

 

Filing

A design application may be filed in India in the form of an ordinary application or a convention application within 6 months of the priority date.

 

Filing Requirements

 

  

Documents:

  • Name, address and nationality of the Applicant;
  • Name of the article in respect of which the design is to be applied;
  • International Class as per Locarno Classification, It is advisable to file two applications in different classes for better protection; (LOCARNO classification is available at http://www.wipo.int/classifications/nivilo/locarno/index.htm?lang=EN)
  • Statement of Novelty stating the features in which novelty is claimed
  • Shape, pattern, and/or color may be protected individually or in combination;
  • Certified copy of priority documents, if any (with English translation), (may be filed within 3 months; no extra costs).        Power of Attorney (neither notarization nor legalization required) to be executed by an individual or a representative of a   corporation;
  • Priority application number, country and date, if any;
  • Certified copy of priority documents, if any (with English translation), (may be filed within 3 months; no extra costs).         

 

Drawings:

  • Perspective view in addition to six directional views (front, rear, right side, left side, upper, and bottom views);
  • Photographs are acceptable;
  • No shadings;
  • Prepared in triplicate, size-A4 with margins for specifications.       

 

Prosecution

  • Removal & compliance of official objections,  & submission
  •  Attending hearing, if objection is contested

 

Infringement

Piracy or infringement of a Design means the application of a design or its imitation to any article belonging to the class of articles in which the design has been registered for the purpose of sale or importation of such articles without the written consent of the registered proprietor. Publishing such articles or exposing them for sale with knowledge of the unauthorized application of the design to them also involves piracy of the Design. Action for piracy of design may be instituted in a District Court or High Court having jurisdiction.

Remedies for Infringement

It is the sole responsibility of the proprietor to see that his design is not being infringed upon by others. It is the proprietor's duty to file a suit of infringement against the infringer.        

The reliefs which may be usually awarded in such a suit are –      

  • Injunctions, whether interim or final
  • Damages

 

Cancellation, rectification & appeal

 

Cancellation

For cancellation of a registered design a petition in Form 8 is to be made out (2 copies) as well as a statement of case consisting the facts and grounds of prior publication, prior registration in India, lack of novelty and originality, and on the grounds which are essential for the for the registration of the Design.

The cancellation is to be filed before the Controller of Designs and the decision is appealable before the High Court. The Controller may also refer a cancellation petition to the High Court for decision.    

 

Rectification

On an application for rectification, the interested parties are notified and the application is advertised in the Official Gazette. The opponent must file a notice of opposition within 3 months of the advertisement in the Official Gazette. The opponent then needs to file a written statement stating the facts, grounds on which he relies and the reliefs sought.

 

Appeal

If a design registration is refused, an appeal within 3 months from the order of refusal of the controller for the same is to be filed before the High Court.

                                                              

Assignment

A registered design is assignable and transmissible and the particulars of the same must be entered in the Register of Designs to entitle the person in whose favor the design is assigned or transmitted.

  • Ownership in a registered design can be transferred by means of assignment, transmission or operation of law.
  • The instrument of transfer must be in writing.
  • The person entitled under the transfer must within 6 months from the execution of instrument make an application for registration of his title.            

The registration of designs is valid for 10 years from the date of application or date of priority whichever is earlier. This duration may be extended by another 5 years on filing an application for extension of copyright before the expiry of the said period of 10 years.

An industrial design is an intellectual property right that is meant to protect the visual design only and not the functional part of the object/article. The industrial design can consist of a shape, configuration, ornamentation or composition of any pattern or color in form (2-dimensional or 3- dimensional or both). The design can be made by hand, or by any tool or machine, or by combination also. The design is judged merely by eye, without the help of any other mechanical device, and does not include any trademark or property mark or artistic work.


Industrial designs not registrable

  • Any industrial design being opposing to public moral values
  • Any industrial design describing any process of construction
  • Any industrial design which is not distinguishable from previously registered designs
  • Any industrial design which includes trademark
  • Industrial Designs of following objects – Books, jackets, calendars, certificates, forms and other documents, dressmaking patterns,
  • greeting cards, leaflets, maps and plan cards, postcards, stamps, medals
  • Industrial Designs including flags, emblems or signs of any country 
  • Industrial Designs of integrated circuits

 
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