It is one of the Intellectual Property Rights which gives protection to a newly created design by an individual under the, Design Act, 2000.
Registering a design involves:
the features of shape, configuration, pattern, ornament or composition of lines or colours related to any article
can be two dimensional or three dimensional or in both forms
by any process or means, whether manual, mechanical or chemical
But, it does not include any mode or principle of construction and does not include any trade mark or property mark.
Design Registration gives the proprietor the sole right of ‘Copyright’ to use the registered design with his work over a period of time. The entitled individual can take a legal action against any person who exploits the registered design giving him the right to prevent the exploitation and to claim for the damage.
The following are the steps to register a design in India;
Fill the registration form with all the details and attach four copies of the Design.
The application must be submitted to the Design Wing of the Patent Office in Delhi, Mumbai, Chennai or Kolkata with all the required documents.
After receiving the application, the Patent Office assigns the application with a specific number and takes it up for examination.
If any objection is raised by the department, it is shared with the applicant.
The defects are to be removed under a span of 6 Months from the date of the application.
If the defects are not cleared, then a hearing date is given to the applicant. After the hearing, the decision of the controller is sent to the applicant in written.
If accepted the application is published in the Patent Office Journal.
After the registration of Copyright the design, the right is valid for 10 years and it can be extended for another period of 5 Years, by renewing it along with the prescribed fees.
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