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Design registration is a type of intellectual property protection under which a newly created design applied to an article created under an industrial process can be protected from counterfeiting. Design registration provides the creator exclusive rights to use the design for ten years, which can be further extended for five years.
A shape, configuration, pattern or ornament, or composition of lines and colors or combination applied to any article can be registered under the Design Act,2000. But for a design to get registered, it must satisfy the following conditions:
A design is defined under Section 2(d) of the Designs Act 2001, as only the features of a shape, pattern, configuration, composition, or ornament of lines or colors that are applied to any article that is two dimensional, three dimensional, or both by an industrial process or any means whether mechanical, manual or chemical, separated or combined, which in the finished article are judged solely by the eye; but is not taken into account upon the principle of construction or anything which is in substance a merely mechanical device.
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Significant aspects to keep in mind during Design registration:
Significant aspects to keep in mind during Design registration File Properly :
Listed below are the documents and details required for Design Registration.
The affidavit should be in paragraph form and should contain a declaration of truth and verifiability. However, the cost involved in design registration may be regulated by the controller according to the fourth schedule.
The procedure is as follows:
1. Access to Expert : We provide access to best professionals and coordinate with them to fulfill all your legal requirements. You can also track your job progress with our easy-to-use dashboard, at all times.
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A design is referred to shape, ornament, pattern, composition of line or colors, or any other visible aspect. A design can be two or three-dimensional.
Design registration is not mandatory, having a design registration protects the design's uniqueness and authenticity.
A design registration bestows copyright on the design that is registered for 10 years which can be further extended by 5 years. The owner of the design has exclusive rights to use the design in the class in which it has been registered.
An application for design registration should be made as soon as possible after the design is finalized and before it is shown to others.
Application for obtaining design registration can be made by the proprietor of any design, an Assignee ( jointly or separately ), if the applicant is a non-resident Indian then his agent or representative should apply.
Yes, the ownership of design registration can be transferred by an assignment, a license agreement, or transmission.
For transferring the ownership rights of a design registration an application is to be made to the controller of Patents and Design in Form 10.
A design must include these qualities to obtain a design registration It should original and unique. The design should not be controversial or should offend the public order. It should not be published anywhere earlier Lastly, the design is applicable to the physical characteristics and does not include the procedural or mechanical elements.
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