Design is a main aspect of Intellectual property law and governed by created Act 2000 and Design Rules, 2001.
Design registration means registering an ornamental design of a product which has practical utility. The applicability deals mainly with industrial sector.
Design means the feature of Shape, Configuration, Pattern or ornament or composition of line
or colour or combination thereof applied to any article whether 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 finished article appeal to and are judged solely by the eye, but does not include any more or principle or construction or anything which is in substance a mere mechanical device and does not include any trademark, as defined in clause (v) of sub- section of Section 2 of the Trade and Merchandise Marks Act, 1958, property mark or artistic work as defined under Section 2 (c) of the Copyright Act, 1957.
Importance of Design Registration
The purpose of design law is to promote the innovative activity in the field of Industries and protect the same. In the current trend rapid changes takes place in technology and change in design of any product obviously takes place. Hence registration becomes a mandatory thing to protect the artisan, creator, originator of a design is not deprived of his bonafide reward by others copyright it. Now a days purchase of the product is not only influenced by its efficiency but appearance of the products plays a significant role. Thus every Company coming up with unique product displaying with their unique identity of design requires a design protection.
The following are benefits of design registration….
Registration gives a unique identity to the product
Protects the Owner against the copying the design by unauthorized users
Design patent to a product adds value to the product in the market
Can sue the infringer and can claim appropriate damages
Protection is awarded to the aesthetic look of any two or three dimensional product (does not protect any mechanism or principle behind the design)
Design Registration Process - Complete Process
Design registration starts with Search process
Proceed for filing before Design patent Registry
The application is scrutinized for examination by Registry
Thirdly the application proceeds for Publication
Finally the application is registered by issuance of Certification
TIME PERIOD FOR DESIGN PATENT REGISTRATION - Process gets completed with a period of 6 month to 1 year.
VALIDITY OF DESIGN REGISTRATION – Valid for period of ten years from the date of registration and can be extended for another five years from the expiration of the 10 years period.