A design registration is an intellectual property right that protects the visual design of objects that are not purely utilitarian. An industrial design consists of the creation of a shape, configuration or composition of pattern or colour, or combination of pattern and colour in three-dimensional form containing aesthetic value. An industrial design can be a two- or three-dimensional pattern used to produce a product, industrial commodity or handicraft.
India’s Design Act, 2000 was enacted to consolidate and amend the law relating to protection of design and to comply with the articles 25 and 26 of TRIPS agreement. Design means features of shape, configuration, pattern, ornament, or composition of lines or colours applied to any article, whether in two- or three-dimensional, or in both forms, by any industrial process or means, whether manual or mechanical or chemical, separate or combined, which in the finished article appeal to and are judged solely by the eye; but does not include any mode or principle of construction. Design registration gives creator exclusive rights over use of the design for a period of ten years which can be extended for a period of five years.
Legal Protection- Copyright registration is evidence of owner over ownership of his/her creative work. Therefore, copyright registration gives the owner legal protection for his/her work.
Timeline- after filing registration application, status of the application till it is processed needs to be periodically check on the Government side as design registration application process sometimes requires various time-bound response or action from the applicant.
Time Period- Design registration gives creator exclusive rights over use of the design for a period of ten years which can be extended for a period of five years.
Design Type- It should be new or original and not used in any country prior to the date of application, Design must not contain any laudatory or obscene matter and it should relate to features of shape, configuration, pattern or ornamentation applied or applicable to an article.
Protection- All registered designs are maintained and published by the Patent Office so that it can be checked and in case of infringement or piracy of a registered design, the owner of the registered design can seek legal remedy under the Designs Act.
Professional Design- Professional file for design should be filed so that design can be registered without issue and it can be protected later on .At Govisory we ensures that an experienced professional prepares design
Day 1- ComplyPartner Team would interact with client
Day 3- Team would prepare Design application
Day 6- Expert would prepare Design application
Day 10- Design acknowledgement to be shared
Day 10- Design Application would be filed to govt.
Day 8 - Design Application To Be reviewed by client
Representation of the article – Drawings and plans showing the features of the designs from different views
Photos required of design from all angles.
Power of attorney (if any)
A statement of novelty and disclaimer (if any) in respect of mechanical action, trademark, work, letter, and numerals should be endorsed on each representation sheet, which should be duly signed and dated.