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The Registration Of The Designs In India Under The Designs Act, 2000

What is meant by 'Deign' and 'article under the Designs Act, 2000?

The word design is defined under the Designs Act, 2000 which constitutes the 2D or 3D model or both which can have features of shape, size, composition etc. and such article should be in its finished form. This does not include any artistic, property or trade mark. Also the definition of design is laid under section 2(d) of the act.
By the term article, we mean any article which can be made or sold individually and is artificially, partially artificially or partly naturally manufactured.

What is a registration of design, registration date, effect and its objective?

The design registration is a document maintained by The Patent Office, Kolkata as a legal requirement. Contains design number, class number, completion date (country) and return date (if applicable), name and address of Proprietor and other matters that may affect the authenticity of the project and are open to the public.

Registered design which is outdated copyright cannot be re-registered. Registration date other than priority is the last day to apply. In the event that registration is first registered, the date of registration is the date of application in the country of reconciliation.

Design registration gives the registered owner 'copyright' in the creation of the registration period. 'Copyright' means the exclusive right to use the design in the article of the section in which it is registered.

The objective behind registration of Designs is to have sole monopolistic power over the newly created design and to protect it from being illegally used.

Can we consider stamps, Labels, tokens, cards as an article for the purpose of registration of Design?

No. Because if the decoration has been removed only a piece of paper, metal or similar material and the reference article has nonexistence. Article must exist without Designs used in it.

When does an application for registration of design get the registration certificate?

If the application for registration of the design is valid, it is accepted and registered and the registration certificate is issued to the applicant. However, a separate application must be made to the Regulator for a certified copy of the certificate of legal continuity at the required cost.

How long does it take to get the design registered? Can it be expanded?

The registration period for the project is initially ten years from the date of registration, but in cases where prioritization is allowed for a period of ten years from the first date. This initial registration period may be extended for a period of 5 years in the application made in Form 3 corresponding to the prescribed fee to the Regulator before the expiration of the first ten years. The owner of the design may apply for such extension as soon as the design is registered.

How can one ascertain whether registration sustains in respect of any design?

To find out if the registration is valid in respect of the project, an application must be made to the Patent Office, Kolkata. If the Design number is known, the application must be made on Form 6, otherwise on Form 7, together with the prescribed fee. Each such application must be kept in the form of a single design.

What is the Piracy of a Design?

Project robbery means the use of a design or its imitation in any article category article where the design is registered for the purpose of selling or importing those articles without the written permission of the registered owner. Publishing such articles or disclosing marketing terms with unauthorized design work to them also involves design crime.

What will be the penalty for the piracy of a registered design?

If anyone infringes the copyright in the design is liable for all instances of payment of an amount not exceeding Rs. 25,000 / - to the registered owner in accordance with the higher Rs. 50,000 / - is available as a contract debt in respect of one project. The registered owner may file a claim for damages for any such infringement and a similar recurrence order. The non-refundable amount will not exceed Rs. 50,000 / -as debt as contemplated in section 22 (2) (a). Criminal offense, retaliation etc. It should not be filed in any court below the District Judge's court.

Is marking an article mandatory in the cases of an article which a registered design is used?

Yes, it will always be beneficial for registered owners to mark an article to indicate the value of a registered design other than where Textile designs are made. Otherwise, the registered owner would not be entitled to claim damages from the offender unless the registered owner states that the registered owner has taken all reasonable steps to ensure the marking of the deed, or unless the registered owner proves that the violation occurred after the perpetrator knew or received notice the existence of a patent in construction.

Can Design Registration be cancelled?

The registration of a project may be canceled at any time after the registration of the project in the application for cancellation of form 8 and the fee determined by the Property Manager for the following reasons:
  • Whether the design was previously registered in India or
  • Whether published in India or elsewhere before registration date or
  • The design is neither new nor original
  • The design does not matter either
  • It is not a project under Section (d) of Section 2.

Is it compulsory to make an article through industrial process or methods before applying for design registration?

No, composition means an idea or suggestion or idea of ??a situation or pattern that can be applied to an article or that can be applied by an industrial process or methods. For example - a new design that can be used in a pen thus being able to produce a new appearance of the pen in the visual view. It is not necessary to reproduce the article first and then make an application.

Why is it important to apply for design registration as soon as possible?

The first rule to file applies to project registration. If two or more applications related to the same or similar project are submitted on different dates only the original application for registration of the project will be considered.

Can the same applicant apply again for the same design, if the previous application has been abandoned?

Yes, the applicant can also apply because no publication of the rejected application is done by the Copyright Office, provided that the applicant does not currently publish that project.

How can you get information on design registration?

Following the registration of the designs a good idea of ??the article and other written details will be announced in the Official Journal of the Patent Office, which is published every Friday.

Is it possible to transfer a right of ownership?

Yes, it is possible to transfer a right by grant, agreement, transfer of terms and conditions in writing or by law enforcement. However, certain restricted non-security measures relating to the registration of a project should not be included in the terms and conditions of the contract / agreement etc. fees for each additional project, for the registration of transfer documents must be made by the beneficiary to the Regulator within six months from the date of manufacture of the instruments or not later than six months.

What does it mean to seek first?

India is one of the parties to the Paris Agreement and therefore the provisions of the right to priority apply. On the basis of the original common application lodged in one of the terms of the agreement, the applicant may apply within six months to apply for protection of other agreements, the final application being deemed to have been filed on the same day as the original application.

How is it possible to recover a project that has become obsolete due to non-payment of extension fees?

The registration of the project will end in non-payment of extension for an additional five years if the same is not paid before the end of the first ten-year term.

However, outdated designs may be restored as long as the following conditions are met:
An application for a refund of Form 4 with the prescribed fee is lodged within one year from the expiry date stating the reason for non-payment of the extension fee for sufficient reasons.
If the application for restitution is approved the landlord will have to pay an additional fee and additional required fees and eventually the expired registration is refunded.

Can the name, address of the landlord or service address be changed in the building register?

The name and address of the registered owner, or address of the service may be changed in the design register provided that these changes can be made by a change of ownership by transfer, i.e. title deed, delivery, license agreement or by law enforcement. The application on Form 22 and the prescribed fee must be filed with the Property Administrator with all the required documents to support the application as required.

Are registered projects open to public testing?

Yes, registered designs are open for public inspection only after publication in the official journal for payment of the prescribed fee on the Form 5 application.

Can an application for registration of a design be submitted only by the applicant personally or by a professional?

An application for registration of a project can be made by the applicant personally or by a professional (e.g. a patent holder, legal practitioner). However, for applicants not residing in India an agent must be employed who resides in India.

What are the essentials to determine the "set of articles"?

If a group of articles meets the following requirements then that group of articles may be regarded as a collection of articles under the Property Act, 2000:
  • It is usually sold or intended for use together.
  • They all have the same design even though the articles are different (same category).
  • The same character.
  • Generally, an article with the same design and sold in different sizes is not considered a collection of articles. Exemplifying it as: "Tea set", "Pen set", "Knife set" etc.

What is a work of art that is not a matter of registration?

Artwork as defined under Section 2 (c) of the Copyright Act, 1957 is not a matter of registration which reads as follows:

Artwork means:
  • A drawing, a sculpture, a drawing (including a drawing, a map, a chart or a plan) on a recording or photograph, whether the work is artistic or not.
  • Architectural work as well
  • Any other work of art.

What is the meaning of the division of property referred to in Schedule Three?

Applications for registration of Designs used in articles are categorized according to Schedule Three of the Design Rules, 2001 according to their categories. This is mainly based on the Locarno Classification Industrialization Program. Only one category number will be specified in one mandatory application under the Rules. This section is based on the Articles in which the construction is used.

Practical Example:

If the construction is applied to the toothbrush it will be placed under section 04-02. Similarly, if the design is used in the calculator, it will be placed in the 18-01 class. Subsequent request from the same owner for the registration of the same or similar design included in any article of the same category is possible, but the registration period will apply until the previous registration of the same design.

What is meant by the Property mark according to the Indian Penal Code, Sec. 479?

The mark used to indicate that a moving property belongs to someone else is called an asset symbol. Means the marking of any goods or movable property, any case, package or container containing goods; or use any charge, package or receiver, for any mark on it. An example to explain it in a better way: A sign/mark used by the Indian Railway on their property may be called Property Mark for the purpose of easily finding the owner.

What does Intellectual Property mean?

Intellectual Property is Property, created through the Intellectual Faculty. It is the result of human ingenuity. Intellectual Property therefore refers to the creation of intellectual property such as creativity, industrial design, writing work, art work, symbols used at the end of commerce. Intellectual property rights allow creators or owners to reap the benefits of their work when they are exploited commercially. These legal rights are governed by the provisions of the corresponding laws. Property rights reward the ingenuity and effort of human beings that promote human progress.

Intellectual property is divided into seven categories namely:
  • Ownership
  • Industrial Design
  • Trading Marks
  • Details
  • Location Directions
  • Set integrated circuit designs
  • Data protection / Trade confidentiality in accordance with TRIP agreements.

What are the key requirements for registration of 'design' under the Building Act, 2000?

The design must be new or original, not previously published or used in any country prior to the application date for registration. New can be based on the use of a familiar genre or pattern in a new story.

The design should be consistent with the elements of shape, suspension, pattern or decoration used or applied in the article.

The design should be applied or applied to any article by any industrial process.

The design features in the finished article should be attractive and judged only by the eye. This means that the design should appear and should appear in the finished article, for which it was made.

Any mode or goal of construction or operation or any other mechanical device, will not be an unregistered design. For example, a new key that has only its own decay or curves in the part intended to engage with the metal inside the associated key, may not be registered as a design under the Act.

The design shall not be affixed to any Trade Mark or trademark or artwork as defined under the Copyright Act, 1957.

How does project registration stop some people from being exploited?

Once the design is registered, it gives a legal right to bring action against those persons (environmental / legal entity) who are infringing a building right, in a District Court not to stop such exploitation and to claim any damages the registered owner is legally entitled to. Nonetheless, we mat jot down that if the design is not registered under the Designs Act, 2000 there will be no legal right to take action against anyone who violates the law under the provisions of the Designs Act, 2000.

The Copyright Office is not involved in any dispute relating to the enforcement of a right collected by registration. Similarly, the Patent Office does not engage in any problem related to the exploitation or sale of a registered project.

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