1 2

Design Registration

Design :Meaning

 

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.

 

Design:Registration

Essentials for registration of certain designs are as follows

  1. A design must be new or original.
  2. A design has not been disclosed to the public nay where in India or in other country by publication in tangible form or by use or any other way prior to the filing date or where applicable, the priority date of the application for registration or
  3. A design is significantly distinguishable from known designs or combination of known designs.
  4. A design must not comprises or contains scandalous or obscene matter
  5. A design must not be mere mechanical contrivance
  6. A design must be applied to an article and should appeal to the eye vii. A design must not be contrary to public order or morality.
  7. Designs which are primarily literary or artistic in character are not not protected under The Designs Act.

 

Designs:Rectification/Appeal

Any aggrieved person may file cancellation petition against the registration of Design on the following grounds:

  1. The design has been previously registered in India
  2. The design has been published In India or elsewhere prior to date of registration.
  3. The design is not new or original
  4. The design is not registrable.
  5. It is not a design under section 2(d) of Designs Act

 

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.

 


CONTACT US

K.BEHARI & ASSOCIATES

[Project Consultants]

Kunj Behari Mahipal

C.Shekhar Mahipal (B.Com, LL.B Advocate)

ANAND SHANKER & COMPANY

[Chartered Accountants]

CA. Anand Shanker Mahipal

 

Contact Info:

Mailing Address:

“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

Emails:

Kboffice.india@gmail.com

kbaconsultants@hotmail.com

ca.anand@hotmail.com