As defined by Section 2(d) of the Designs Act 2001, a design is any shape, pattern, configuration, composition, or ornamentation of lines or colors applied to an article that is 2 dimensional, 3 dimensional, a combination of the two, either mechanically, manually or chemically, separated or combined, that in the finished product is judged solely by the eye, and is not considered based on the principle of construction or any mechanical device in substance.
Why is a Design registration necessary?
Unique industrial design entails the development of a product with new and innovative features that are distinguished by the distinctive shape, formation, pattern, beautification, and combination of such features. The eye is immediately drawn to an exceptional design in its completed stage. It has a powerful impact on customers in the market. Here are some of the key reasons why business entities need to register their design registration in india
- In India, to obtain an effective and well-positioned legal shield to protect unique designs against being copied or misused.
- Promoting and developing creativity and originality.
- This is a requirement for all companies based in WTO Member nations who have signed the Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement.
Documentation Required for Design Registration
The following documents need to be submitted to get a design registered:
- A certified copy of the original or a certified copy of extracts from the disclaimer
- Documents called affidavits
- A fee may be charged for access to other public documents.
There should be a declaration of truth and verifiability in the affidavit. In addition, the controller may regulate the costs associated with design registration in accordance with the fourth schedule.
Effects of registering a design
A design that is registered acquires a proprietary right referred to as “Copyright” during the period of registration. A registered class of articles is an exclusive right that cannot be used by anyone else.
A company that provides design registration services to protect the internal designs of businesses will follow the process stages to protect these designs. From the start of the application process to the completion of the certificate process, we will offer our complete assistance.
Design registration benefits
The following are some obvious benefits of having a design registered under the Design Act 2000
- Design Registration – a Legal Shield Against Design Plagiarism The Design Registration process restricts other entities from copying, reproducing, selling or distributing products bearing the same design as the original.
- A Design registration certificate is valid for a period of ten years. Validity can be extended for a further 5 years after expiration of this validity period.
- The registration of a design gives a business owner a Unique Selling Point. By registering a design, a company can ensure that its products are distinctive from those of its rivals.
- The products with registered designs are globally unique, meaning that they have not been published in any WTO member nation and have also not been used by anyone else in India before.
- An important advantage of registering a design is that it just appeals to general customers and is judged by its visual appeal only.
- It promotes innovation and healthy competition since uniqueness is a key criterion for Design registration. The product must be attractive and unique enough to stand out from others.
Frequently Asked Questions about Design Registration
1. What does a design mean?
8 Dec 2021
A design refers to a form, ornament, pattern, line or color composition, or any other visible aspect. Two- and three-dimensional designs are both acceptable.
2. Is it necessary to register a Design?
It is not mandatory to register a design; however, a design registration protects the design’s uniqueness and authenticity.
3. What are the benefits of registering your designs?
A design registration confers a copyright on the design for 10 years, which can be extended for an additional 5 years. In the class in which a design has been registered, the owner has exclusive rights to use the design.
4. When should a Design be registered?
You should register a design as soon as possible after it has been finalized and before it is shown to others.
5. Who can apply for Design registration?
16 November 2021
If the applicant is a non-resident Indian, his agent or representative should apply for design registration on his behalf if he is the owner of the design.