Design refers to the features of shape, configuration, pattern, ornamentation or composition of lines or colours applied to any article, whether in two or three dimensional or in both forms. This may be applied by any industrial process or means (manual, mechanical or chemical) separately or by a combined process, which in the finished article appeals to and judged solely by the eye.
Design does not include any mode or principle or construction or anything which is in substance a mere mechanical device, and does not include any Trade Mark as defined under section 2 of The Trade Marks Act, 1999 or artistic works defined under section 2(C) of The Copyright Act, 1957.
The object of the Designs Act to protect new or original designs so created to be applied or applicable to particular article to be manufactured by Industrial Process or other means.
The registration of a design confers upon the registered proprietor the exclusive right to apply a design to the article belonging to the class in which it is registered for the period of registration. The registered proprietor of the design is entitled to take legal action if his right is infringed by any person.
The term of the registration is initially ten years from the date of registration or priority date whichever is earlier. The initial period of registration may be extended by further period of 5 years on an application. The proprietor of a design may make application for such extension even as soon as the design is registered.
Essentials for registration of certain designs are as follows
Any aggrieved person may file cancellation petition against the registration of Design on the following grounds:
The Controller of Designs may refuse to register a design or rectify the registered design. An appeal shall lie to the High Court from an order of the Controller. The appeal shall be made within three months of the date of the order passed by the Controller.
K.BEHARI & ASSOCIATES
Kunj Behari Mahipal
C.Shekhar Mahipal (B.Com, LL.B Advocate)
ANAND SHANKER & COMPANY
CA. Anand Shanker Mahipal
“DGM Building” Old Court Road, Near Railway Crossing SIRSA-125055 (HARYANA) INDIA
Phones & Mobiles: Phone: +91(1666) 232543, 234565, 234022 Mobile: +91-9416-351-167, 9050-902-425