Design is any shape, configuration, pattern or ornament or composition of lines or colour or combination. In India, Designs Act, 2000 provides protection to original and aesthetically appealing designs capable of being applied commercially and is in consonance with the changes in technology and economic advances.
₹7,500/- (Design) inclusive of ₹1,000/- govt fee (Design registration)
How Does Online Design Registration Work?
Benefits of Design
Term of Design
The total time period of registration of a design is fifteen years. In the beginning, the design is registered for a period of ten years, giving the proprietor the sole ownership to sell, import and also the right to initiate a legal action against infringement.This period of ten years can be extended for five more years on the payment of required fees.
Cancellation, Protection and Enforcement of Designs
Design of an article is not registrable in India, if it:
- is not new or original;
- If the design has been revealed to anywhere in the country or any other country before the filing date of the design or the priority date;
- is not distinguishable from known designs or combination of known designs in a significant manner; or
- comprises/contains scandalous or obscene matter.
The above grounds may also be used for revocation or cancellation of the registration of any design, as well as a defense in an infringement proceeding.
The (Indian) Designs Act, 2000 only gives civil remedies. Other than the monetary compensation, the injunction is recoverable by the owner of the design either as an agreement debt or damages. An action for the encroachment of design must be started after the registration of the design.
If any foreign person wants to protect any of his design in India, he should register its design by filing the proper application within the period of 6 months from the date of the first application filed in the home country.
Registrability of Designs
Design can be any shape, configuration, pattern or ornament or composition of lines or colour or combination that can be applied to any object. (two dimensional or three dimensional or even both). However, it must be noted that the functionality aspects of a design are not protected under the (Indian) Designs Act, 2000, as the same are subject matter of patents.
Checklist (Documents required)
- A certified copy of the original or certified copy of extracts from disclaimers.
- Affidavits, which should have a declaration of veracity of the information provided. It should be in a paragraph.
- Other public documents can be made available on payment of fee.
Design can be any shape, configuration, pattern or ornament or composition of lines or colour or combination that can be applied to any object whether in two dimensional or three dimensional or in both forms and which can easily be perceived by the eye.
Registration of designs under the Act can help to protect new or original designs Often, the purchase of articles for use can be influenced by their aesthetics and appearance, rather than solely by their practical efficiency. The major aim behind registration of design is to see that the artisan, creator, originator of a design having aesthetic look is not deprived of his bonafide reward by others applying it to their goods.
No, a registered design, the copyright of which has expired cannot be re-registered.
The penalty for the privacy of a registered design are the follows:
If anyone contravenes the copyright in a design he is liable for every offence to pay a sum not exceeding Rs. 25,000/- to the registered proprietor subject to a maximum of Rs. 50,000/- recoverable as contract debt in respect of any one design.
The registered proprietor may also bring a suit for the recovery of the damages for any such contravention and for injunction against repetition of the same. Total sum recoverable shall not exceed Rs. 50,000/-as contract debt as stated in Section 22(2)(a). The suit for infringement, recovery of damage etc should not be filed in any court below the court of District Judge.
Yes, one can transfer the right of ownership of a design through assignment, agreement, transmission with terms and conditions in writing or by operation of law. An application under Form-10, along with the prescribed fees in respect of one design and appropriate fees for each additional design, is to be submitted by the beneficiary to the Controller within six months from the date of execution of the instruments or within further period not exceeding six months in aggregate. Also an original/notarized copy of the instrument to be registered is required to be enclosed along with the application.