Design refers to only those elements of shape, design , or pattern applied to an article in 3-D or 2-D formats using any manual or mechanical process that can be judged with eyes.
It does not contain any artwork or trademark (under Copyright).
Proprietor of an original or a brand new design includes -(1) Author
(2) The person who has the design created by a different person.
(3) A person who purchases a design right from the author.
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The application for design may be made by anyone who asserts to be a proprietor of new or original design. The application can be submitted to the Controller. An application shall be made in a specific format and shall be accompanied by four copies of representation of the design along with the prescribed fee. This application can be sent via hand or registered mail.
The classification under the design that is to become registered must be stated in an application. The Designs Rules, 2001 define the classifications under which an application may be preferred. If any objection is raised by Controller , and the Controller requires an amending an application, Controller is able to provide the list of objections to the applicant. The applicant must resolve the objections within 6 months. Under Sec 6. Design is registered for all or any of the articles within a specific class. If a design is registered for any one article coming under given a single class, an application for the similar design but for other article within the same class can be granted to the same applicant.
Let’s say that “Bottle” and ‘bag’ are part of the same classification. If someone has received design under bottle’ the designer will not be denied from applying the same design to the ‘bag. The Controller has the power to grant or reject the request. The Controller is able to decide to grant or deny the application. The person who is aggrieved could make an appeal to the High Court. The Controller shall grant the certificate of registration the applicant and publish the fact of registration of the design. The Patent Office keeps a register of designs, where the details of each design are documented. This register acts as the primary evidence of any design-related fact.
Anyone who has filed an invention in India or the UK may apply. However, this claim must be filed within six months from the date of the application in the UK or other convention countries.
Rejection: The controller won’t register the design if it is rejected by the controller.
* It is not brand new or original.
* The publication was published in India or in another country prior to the priority date for an applicant
* It’s not much different from known design or their combination
It contains obscene and obscene material.
Substitution: – Before the registration of the design
If someone applies for registration of any design and * A different person is claiming the same design in his name due to any agreement or assignment, or for any other reason , then the Controller can register the design in the claimant’s name.
The design must be confirmed to the satisfaction of the Controller and the contract or assignment must also be produced under which claim by the claimant has been submitted.
Restoration: – If the renewal fees are not paid and the right is lapsed, it will be deemed to have expired and can be restored within 1 year, after the expiration date of the original period, upon payment of the fee. Controller will publish the application for restoration submitted by the applicant.
Marking prior to Sale: Where the design of an item is registered, a mark with the word “Registered” or “Regd.” Prior to the release of the product to be sold, it should be attached with the registration number.
Cancellation of registration:
Anyone who is interested may petition the Controller to withdraw the registration of a design for these reasons:
* The design has been licensed in India by any other person
* This publication was published in India or another country before the priority date.
* This design isn’t unique or brand new.
* It does not come within the definition of design. Petition should be duplicated and one copy of it will be given to the registered owner.
The proprietor of the registered business can file his counter statement within a time frame. After receiving a notice of 10 days, the Controller will fix a hearing date and make a decision. Any person aggrieved by the decision of Controller can make an appeal to High Court.
Piracy of Registered Design:
The following acts are considered to be infringement of design, if they are done without the consent of the registered owner:
* Design or imitation on any article that is sold
* Import any object to be sold
* Knowingly publishing any article to be sold
Anyone found guilty of any act that is in violation of the Act is subject to a fine of the fine of Rs. 25000 to the owner. The owner may also bring a lawsuit against the District Court for damages or injunctions.
1. If you pay a prescribed fee, anyone is entitled to inspect any register maintained by the Act at Patent Office.
2. 2.If an application for a design is denied or denied, all information, drawings or photo relating to that application will not be accessible to view.
3. Anyone who is the right to any design as a result of an assignment or transmission can submit a request to Controller. The Controller will register him as the owner.