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Overview of Design Registration in India
In today’s market, innovation and uniqueness are everywhere, and these are the key factors in differentiating the product from the rest of others; therefore, protecting your unique design is essential. It safeguards intellectual property, strengthens credibility, and makes it a valuable asset for businesses and designers looking to protect their creative work. It ensures that no one else can copy or use the design without permission, which helps the companies and creators maintain exclusivity and market value.
In India, design registration applies to both three-dimensional features, such as the shape or structure of a product and two-dimensional elements, like patterns or decorative designs. This protection is crucial for industries where aesthetics play a key role, such as fashion, consumer goods, and manufacturing. A registered design is protected under the Designs Act of 2001 for 10 years, with an option to extend it for another 5 years. If someone copies or misuses a registered design, the owner has the legal right to take action and claim damages.
What is a Design?
In common parlance, design is the way something looks and feels. It includes the shape, pattern, and decoration of an object, which makes it unique, visually appealing and distinctive from the rest of others. According to Section 2(d) of the Designs Act of 2001, design refers to a distinctive feature of shape, figure, or blueprints, or composition of lines, hues, pattern, configuration, composition, or ornament of lines or colours or a combination thereof, that are added to an article. These features can be added through mechanical, manual, chemical, or any other process, either individually or in combination. The design is judged solely by its visual appeal in the final product, without considering construction principles or any aspect that functions purely as a mechanical device. A design can be both three-dimensional and two-dimensional. Design registration is a legal process that protects your unique design by registering it with the Indian Patent Office.
Benefits of Design Registration in India
Registering a Design has a number of benefits, some of which are mentioned below:
- Increasing Market Value: Industrial design gives a product flair, attractiveness, and individuality, making it stand out in the crowded market. Registration raises a design's market value by giving the owner exclusive rights. Customers can quickly link a particular brand to the design's distinctiveness.
- Provides Legal Protection: Registering a design provides legal protection against unauthorised copying or duplication by third parties and unauthorised use. The owner has the right to file a lawsuit to recover damages and protect their market position in the event that their rights are violated.
- Exclusive Ownership Rights: The registered owner has complete control over the distribution, reproduction, modification, and translation of the design, ensuring complete ownership and authority.
- International Recognition: India recognises copyrighted works from many other countries and offers reciprocal protection. Similarly, Indian design registrations are often safeguarded under international agreements, providing broader security.
- Easier Identification: A registered design is easily searchable in government databases because it is publicly recorded. Both individuals and businesses can use this to verify ownership and stop unintentional infringement.
- Brand Recognition: A registered design strengthens branding efforts and improves market presence and client trust. It promotes goodwill and brand loyalty by reassuring customers of the product's authenticity and quality.
- Long-Term Validity: A design registration, which is initially valid for 10 years and can be renewed for an additional 5 years, guarantees long-term protection.
- Aesthetic Appeal: Design registration guarantees that the distinctiveness of the design is acknowledged by the public and protected by law, as it primarily safeguards a product's visual appearance.
- Encourage Market Competition: The industry benefits from healthy competition when more innovators and artists register their concepts. This stimulates research and development, resulting in improved goods and innovations that help companies and customers alike.
- Licensing Opportunities: Third-party manufacturers may be granted a licence to use a registered design, allowing the owners to keep ownership rights over their goods while earning royalties.
Conditions for Design Registration in India
The Design must meet the following conditions in order to be eligible for registration and protection under the Design Act of 2000:
- The Design must be new, original, distinct, fresh, and creative. It should not be a copy of an existing design.
- The design should not have been published, used, or made available to the public in India or anywhere else before the application date.
- The design should relate only to the shape, pattern, configuration, or ornamentation of an article and must be purely visual, without any technical or functional aspect.
- The design must be applied to an article and should be visually noticeable in its final manufactured form.
- The Design should not contain anything obscene, offensive, or against public morality and order.
- The design must be applied to a tangible product that can be produced through an industrial process, not just an abstract idea.
- A design cannot be a trademark, artistic work, or logo already protected under copyright or trademark laws.
Exclusions from Design Registration
Not all designs qualify for registration under the Designs Act of 2000. The following are expressly excluded from design protection:
- Creative Works: Books, calendars, stamps, tokens, artistic paintings, sculptures, and other literary or artistic works are protected under the Copyright Act of 1957, and it does not require design registration.
- Architectural Structures: Buildings, bridges, and other architectural constructions are not eligible for design registration.
- Geographical Representations: Maps, charts, and topographical depictions do not qualify for design protection.
- National Symbols & Emblems: Any design that imitates or is based on national flags, official symbols, or government insignia cannot be registered.
- Functional Features: Designs that are purely functional, mechanical, or dictated by technical needs rather than aesthetics are not eligible.
- Trademark or Branding Elements: Logos, brand names, and trademarks are already protected under the Trademark Act, 199, and they cannot be registered as designs.
Who Can Apply for Design Registration in India?
As per the Designs Act of 2000, the following entities are eligible to apply for design registration in India:
1. Any Person
The term "person" includes:
- Individuals
- Companies
- Firms and Partnerships
- Body Corporates
- Legal Representatives and Assignees
2. Joint Applications
If two or more persons create a design, they can apply for registration jointly as co-owners.
3. Foreign Applicants (NRIs & Foreign Entities)
- Non-resident Indians (NRIs) or foreign applicants must apply to an authorised agent or legal representative in India.
- Foreign entities can apply under reciprocal arrangements if their home country provides protection similar to that of Indian applicants.
Categories of Design Registration Applications
In India, design registration applications are classified into two categories:
- Ordinary Application: This is a standard application without any claim to priority.
- Reciprocity Application: If you've previously filed a design application in a convention country, you can claim priority in India by filing within six months of the original filing date. This six-month period is strict and cannot be extended.
Documents Required for Design Registration in India
To register a design in India, applicants have to file the following documents to the Control-General of Patents:
- Application Form (Form-1): The form requires the applicant's details (name, address, nationality) and product classification. It also includes information about the article to which the design applies and its classification under the Locarno Classification system.
- Design Representations: Four copies of the design in drawings, photos, or digital images from different angles.
- Statement of Novelty: A brief statement highlighting novel aspects and uniqueness of the design.
- Power of Attorney (Form-21): If the application for Design Registration is filed through an agent or attorney who is filing on behalf of the applicant, a power of attorney on a non-judicial stamp paper of ₹100 must be submitted,
- Priority Document (if applicable): If claiming priority from a foreign application, submit a certified copy of the original application along with an authenticated English translation if the original is in a different language.
- Declaration of Proprietorship: Confirms the applicant is the design owner.
- Fee Payment Proof: You need to attach the registration fee receipt along with the application.
Design Registration Process in India
Follow the below-mentioned steps for Design Registration in India:
Step 1: Search Design
- Before applying for registration, check if a similar design already exists. A design search helps to avoid unnecessary conflicts.
Step 2: Prepare the Application
Prepare the application and gather the necessary documents like:
- Application Form (Form-1)
- Design Representations
- Statement of Novelty
- Power of Attorney (if applicable)
- Priority Document (if applicable)
Step 3: Submit the Application
The application can be filed online or at the Indian Patent Office in Kolkata, Delhi, Mumbai, or Chennai.
Step 4: Examination Process
The Indian Design Office will review the application to ensure it meets all requirements. If any objections or issues arise, the applicant must respond with corrections or clarifications as soon as possible. The applicant may be required to submit additional documents.
Step 5: Publication in the Official Journal
If the application is accepted, the design will be published in the official gazette, which will allow the public to raise objections within a specified period.
Step 6: Design Registration and Certification
If no objections are received (or if objections are resolved), the design is registered, and a certificate of registration is issued. The initial protection lasts for 10 years.
Step 7: Renewal of Registration
After 10 years, the registration can be renewed for another 5 years by paying the renewal fee before expiration.
Fees for Design Registration
The fee structure for design registration and renewal is as follows:
|
Applicant type |
Application Fee |
Renewal Fee |
|
Individuals |
₹1,000 |
₹2,000 |
|
Small Entities |
₹2,000 |
₹4,000 |
|
For other entities like companies, firms, etc. |
₹4,000 |
₹8,000 |
Validity of Design Registration in India
- A registered design in India is valid for 10
- It can be renewed for an additional 5 years by paying the renewal fee before expiry.
- If the renewal fee is not paid on time, the registration will lapse. However, renewal can still be requested within one year after expiry by submitting a restoration application.
- Once the restoration application is approved, the applicant must pay the necessary fees to reinstate the design.
Key Points to Consider When Submitting a Design Registration Application
- Correct Application Form: Filing errors result in objections to about 90% of applications. The application form must be accurately completed, and the design representation must be sufficiently prepared.
- Respond in a timely manner to the objections: If objections are raised, a delay in response may cause the approval process to drag on for four to five months. It is advisable to fully prepare all relevant documents prior to submission to prevent needless delays.
Cancellation of Design Registration
As per Section 19 of the Designs Act, 2000, a registered design can be cancelled under the following conditions:
- The design lacks originality or is similar to an existing design.
- The design is already registered in India.
- The design was published in another country before registration in India.
- The design does not meet the legal criteria set under the Designs Act.
Why Choose Kanakkupillai for Design Registration?
Kanakkupillai is a top provider of business solutions, company registration, and intellectual property registration (copyright and trademark). With over more than 50,000+ registrations, Kanakkupillai has stood out among its competitors in giving satisfactory results to clients.
Our dedicated team aims to give satisfactory results to client works as per the requirements and needs of the client. From application to renewal, Kanakkupillai offers complete solutions for Design Registration, ensuring that companies can focus on their core operations while leaving the legal details to the experts.
Design Registration is not the end for protecting your brand; post-registration compliances are also essential. Renewal of Design Registration ensures that your brand stays compliant with the laws of the land. Kanakkupillai offers a vast range of services that includes registration and post-registration compliances. With Kanakkupillai, you can stay assured that your Design Registration is in good hands, allowing you to focus on the growth of your business and build your brand. Contact us Now!
Frequently Asked Questions
Design registration: what is it?
The term "Design" describes the distinctive elements that are added to an object, such as lines, colours, or a mix of them, as well as shapes, figures, or blueprints. It may have two dimensions, three dimensions, or both.What is the Design's registration requirement?
The Design must be distinct and not symmetrical with respect to other Designs. It was not possible to make a Design public.If my Design's copyright has expired, can I re-register it?
After a Design has been registered, it cannot be reregistered because the copyright has expired, according to the Designs Act of 2000.Who in India may apply for registration of a Design?
Applications from individuals, businesses, partnerships, legal agents, small entities, corporate bodies, and NRIs through intermediaries are all accepted.Can many Designs be submitted with a single application for Design registration?
As long as many Designs are related to the same class of objects and fall under the same Locarno categorization class, they can be filed under one application.Can a registered Design be updated or changed after it has been registered?
No, a Design cannot be altered or changed after it has been registered. Any modifications to the registered Design require the submission of a new Design application.Is it possible to extend a Design registration from India to other nations?
No, Design registration in India only offers protection inside its boundaries. Separate Design applications must be submitted in line with each country's regulations in order to request protection in those other nations.To whom do I submit my application to?
Send an application to The Controller of Designs, The Patent Office, Kolkata, in order to register a Design.Can literary or artistic works be registered as Designs?
No, national emblems, architectural Designs, literary or artistic works, and maps are not eligible for Design registration.How can one find out if a Design has already been registered?
To find previous registrations, one can search the Indian Design Office's public records or use internet resources.We Provide Best Quality
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