Design Registration - What and How?
Why Design registration is important?
Design registration (In India, otherwhere its design patent application) is a step to protect your design/ creativity for SHAPE, CONFIGURATION and PATTERNS from unauthorized copying, reproducing by any others.
Definition of Design (By IP Law)
•A design means only features of shape, configuration and pattern, composition of lines or patterns
•A part of instrument, or full, stand along or integrated- any article of two or three dimensional or in both forms
•But does not include any more or principal of construction
Provision of Design Registration (India)
•An original design can be registered at design registration office (online) by application in prescribed format. (May be old design for new application)
•Exclusive copyright could be applied to a design could be applied in any selected class for design registered.
Design as defined by IP Law
Prohibition for registration of design
Prohibition for registration of design
Prohibition for registration of design
A design which-
a.is not new or original
b. Has been disclosed by publication in tangible form or by use in any other way prior to filing date, or priority date for application for registration
Exception: (u/s 21, Design act 2000) The exhibition of design or any of the article to which design is applicable extended by central government
A design which-
a.is not new or original
b. Has been disclosed by publication in tangible form or by use in any other way prior to filing date, or priority date for application for registration
Exception: (u/s 21, Design act 2000) The exhibition of design or any of the article to which design is applicable extended by central government (with previous notice to controller by prescribed form) or
publication of description during or after period of the holding of design by any person without the consent of proprietor shall not prevent the design from being registered.
Difference between Trademark and Design
Prohibition for registration of design
Prohibition for registration of design
•A design is necessarily part and parcel of article (Transport, Medical, Product, Instrument etc), While Trademark is not.
•A logo or label put on the device, instrument, or the part/s of instrument (durable or disposable) can never be accounted or qualified as “design”.
Duration of protection in Design
Prohibition for registration of design
Duration of protection in Design
•When a design is registered, the registered proprietor of the design shall have the copyright in design for next 10 years.
•Before expiration of 10 years application of extension can be made to controller of design for another 5 years.
Step by Step Design Application Process
