INDUSTRIAL DESIGN PRACTICE

  • Registrability Search;
  • Registration & prosecution;
  • Licensing and Assignment;
  • Watch service;
  • Annuity (renewal) and Portfolio management services;
  • Litigation (including Cancellation Action);
  • Design status update and data verification.

 

FAQs on Law & Registration of Designs in India

A Design is the shape, appearance and configuration applied to an article. An Industrial Design is that Design, which focuses on the aesthetic features of the article in question. The purchasers in general are greatly influenced by the appearance of an article even more than its utility, efficiency and durability.
In India, the registration of Designs is governed by the Designs Act, 2000 and the Designs Rules, 2001 there under.

In order to be capable of being registered, the Design must be new, novel and original.

(“Original” means originating from Author of such design and includes the cases which though old in themselves yet are new in their application).

DESIGN IS A MONOPOLY RIGHT FOR A LIMITED PERIOD FOR THE EXTERNAL APPEARANCE OF AN ARTICLE.
A Design which:
  • Is not new i.e. not novel and original; or
  • Has been disclosed to the public anywhere in India or in any other country by publication in tangible form or by use or in any other way prior to the filing date, or where applicable, the priority date of the application for registration; or
  • Is not significantly distinguishable from known Designs or combination of known Designs; or
  • Contains scandalous or obscene matter.
Yes. India follows the LOCARNO International Classification of Designs divided into 1 to 31 Classes and a Miscellaneous Class.
Yes. Since India is a member of Paris Convention and the WTO, it is possible to claim priority on the basis of the first application filed in any of the member countries provided the application is filed in India within a period of six months from the date of filing in the Convention Country.
  • Name and address of the applicant;
  • Class number
  • drawings or Photographs (preferred) of the article to which the Designs is applied. The Drawings or Photographs preferably show Top, Bottom, Side and Perspective views of the article with indications of Novel features.
  • Purpose for which the Article is used;
  • If priority is to be claimed, then a certified copy of the application filed with date, number and country of filing.
  • A duly executed Power of Attorney.
If a Design is new and original, completion of registration formalities will take about 6 months from the date of filing of an application.
Yes. Under the new Designs Act, 2000 it is possible to conduct prior search on the basis of Registration Number or Article. Whenever there is a doubt, it is advisable to conduct a search and then decide to file an application.
Registration of a Design is done with the office of the Controller of Designs and is valid all over India.
The registration of a Design is valid initially for a Period of 10 years from the date of the application. The term of registration may thereafter be renewed for a further period of 5 years (altogether for maximum 15 years), and thereafter it becomes public property.

The registration of a Design may be restored if the renewal fee is paid within a period of 12 months from the due date of renewal. The registration is deemed to be lapsed, if it is not renewed within 12 months of the due date.

IT IS TO BE NOTED THAT NO ACTION CAN BE TAKEN AGAINST ANY INFRINGEMENT OF DESIGN RIGHTS UNTIL THE REGISTRATION IS RESTORED.
The registration of an Industrial Design confers the proprietor with the sole and exclusive right to apply the design in respect of the article for which it is registered for the term of its registration.
In other words, the registration also confers on the proprietor, the right to stop others from making, applying, marketing or importing any article bearing the registered design.

The article on which the design is applied must be marked with ‘REGISTERED’ or ‘REGD.’ or ‘RD’ followed by the registration number. If the above markings are not affixed, the proprietor will not be entitled to seek any damages against any infringement unless he shows that he has taken all precautions to ensure the marking or can prove that the infringer had knowledge of registration.

IT IS IMPERATIVE TO AFFIX LEGEND “REGISTERED’ OR “REGD.” OR “RD” ON THE ARTICLE
Yes. During the term of the registration, the proprietor may grant a license or assign the registered design to any third party. The license or assignment should be in writing and registered with the Controller of Designs.
Yes, provided the exhibitor gives to the Controller a previous notice in the prescribed form; and the application for registration is made within Six months from the date of first exhibiting the design applied to an Article.
There are certain Civil Remedies available against infringement of a Registered Design viz.
  • A temporary or permanent Injunction.
  • Damages or Compensation; and
  • Delivery of infringing articles and article from which the main articles are being manufactured.
Damages will be maximum Rs. 25,000.00.

Under the Designs Act, 2000, NO CRIMINAL PROCEEDINGS ARE AVAILABLE against infringement or piracy of Designs.

Yes. Any registered design may be cancelled by filing a Cancellation Petition by any aggrieved person before the Controller of Designs ONLY upon any of the following grounds:
  • that the Design has been previously registered in India; or
  • that the Design has been previously published in India or any other country prior to the date of registration; or
  • the Design is not new/novel or original.
  • the Design is not registrable under the Act;

 

  • Name, Address and Nationality of the owner of the Design or Name, Address and Nationality of the Assignee of the Design.
  • Title and the Full description of the Article covered under the Design.
  • Ten copies of the exactly similar Drawings/Photographs of Article from different views (Top, Bottom, front and rear, tow sides, perspective are commonly accepted views) showing indication as to the novel features of the design applied to the article.
  • Classification of article as per Locarno Classification and sub class.
  • Purpose for which the Article is being used.
  • Material with which the Article is made.
  • A simply signed Power of Attorney.
  • If priority is to be claimed, please provide country, date and number of application.
  • Please also provide a certified copy of the priority application within 30 days from the date of filing application in India.
NONE OF THE DOCUMENT IS REQUIRED TO BE NOTARIZED OR LEGALIZED.

 

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