Under the Design Act, 2000, a shape, configuration, pattern or ornament or composition of lines or colour or combination applied to any article can be registered. It is a type of intellectual property protection, under which new designs which are created under the industrial process and that can be protected against counterfeiting. For a design to be registered, it must satisfy the following conditions;
- it must be new and original;
- the design should relate to features of shape, configuration, pattern or ornament applied to an article, the design must be applied to any article by an industrial process, and
- the design must be visible and should appear on an article.
Once registered, it provides exclusive rights to the creator over use of the design for a period of ten years, which can be further extended for a period of five years. In case of infringement, the owner of a registered design can seek legal remedy under the Design Act, 2000.
LEGALRAJ will assist you in registration of Design for you. The average time taken to draft and file a design registration application is about 10 – 15 working days, subject to government processing time and client document submission.
Important aspect of design registration
1. Professional Filing: It is necessary to file the application, supporting documents and proceed for design registration professionally. An experienced professional can help significantly improve chances of successful design registration by filing a professional application, addressing all the aspects of Designs Act.
2. Government Process: The Registration is provided only by the Registrar - based on the facts and premises of each case. Filing a design registration application does not guarantee registration of the design. Design registration is a process and hence our professionals can only make best efforts for filing of design registration application based on experience and expertise.
3. Timelines: Design Registration Application Process sometimes requires various time-bound responses or actions from the Applicant. Hence, it's important to continually check the status of the application and take required action until registration.
4. Protection: In case of infringement or piracy of a Registered Design, the owner of the registered design can seek legal remedy under the Designs Act. List of all registered designs are maintained and published by the Patent Office to put competitors on notice about registration of a design and prevent counterfeiting.
5. Validity: Designs registered under the Designs Act are protected for a period of ten years with renewable by further 5 years. However, design registration mainly applies only to designs applied by an industrial process on any article. Hence, items that are covered under the Trademark Act or Copyright Act cannot be registered as a design.