The Design Act 2000 was passed to bring together and amend rules that protect designs. Its major goal is to stop people from copying new or original designs without permission, which could cost the owner a lot of money. Businesses need to file design registration to protect their original works, make their goods more valuable, and get a bigger share of the market. By filing their designs, businesses can stay ahead of the competition in the market and stop rivals from using them.
What Does a Registrable Design Mean?
The Design Act of 2000 states that a “design” is the shape, organization, pattern, decoration, or composition of lines or colors that are applied to any item, whether it is two-dimensional, three-dimensional, or both, through any industrial process or means and that can only be observed and evaluated by the eye.
For a design to be able to be registered, it must meet the following conditions:
- Newness and originality: The design must not have been used or released in any other country before the date of entry.
- Industrial applicability: This means that the design must be able to be used in an industry process to make a product.
- Not against public order or morals: The design has to be able to be registered under Section 5 of the Design Act, 2000, and not against public policy or morality.
A design can be registered to gain exclusive rights and stop illegal copying or repetition by third parties if it meets specific requirements.
Procedures for Registering Designs
1. Prior Art Search
One of the most important first steps in the design registration process is to look for earlier works. It is important to ensure that the design being made is unique and novel—that is, not already in the public domain. Applications can find any possible clashes or trends that could impede the proper registration of their designs by looking up current designs. Designers may look for registered designs both in India and abroad using a number of databases and services, including the WIPO Global Design Database and the online database of the Design Registry.
2. Preparation of Application
The design filing application is made after the previous art search is finished. This process includes several essential components, such as determining the design’s proper class according to the Locarno Classification, creating excellent drawings or representations of the design, writing a statement of novelty outlining the design’s special qualities, and adding any required disclaimers for non-registrable components.
3. Filing the Application
Once the application has been made, it must be submitted to the proper officials. It involves turning in the application form to the Office of the Controller General of Patents, Designs, and Trade Marks along with the appropriate documentation, like the design models and declaration of novelty. The candidate must also provide the necessary entry costs, which change according to the design class and number of copies.
4. System of Examination
Following the filing of the application, the Design Office will evaluate the design’s compliance with the terms of the Design Act of 2000 through a thorough review. Evaluations of the design’s creativity, novelty, and economic worth are part of this. Should the Design Office disagree or ask for changes to the application, the candidate is needed to reply within the allotted time and make the necessary adjustments.
5. Registration and Publication
Should the design be deemed registrable, the Design Office will provide a registration certificate giving the candidate ten years of initial exclusive rights to the design. Following publishing in the Design Journal, the registered design will inform the public of its status and the rights connected to it.
Duration and Renewing of Design Registration
According to the Design Act 2000, a registered design has a ten-year starting term from the date of registration. The register may be extended for a further five years, though, so the security time is 15 years in total. The owner must make an application for renewal before the first ten-year term ends, together with the needed renewal costs. The renewed application may be made up to 12 months before the registration ends.
The Design Office holds the right to give a six-month grace time for filing a renewal application beyond the deadline, provided an extra charge is paid. If the registration is not updated during the grace time, the work will fall into the public domain.
Advantages of Design Registration
A design made under the Design Act of 2000 gives companies and entrepreneurs a number of important benefits:
- Exclusive rights: By registering a design, the owner gets the exclusive right over the registered design to stop others from stealing or imitating it without permission.
- Legal remedy: The owner of a registered design has the right to sue the infringer of the registered design and seek fines or injunctions, among other choices.
- Commercial worth: Because it shows the originality and uniqueness of the design, a registered design has more commercial worth and can improve the marketability of the product.
- Licensing and selling: By licensing or selling the registered design to other parties, the owner can create more money streams and allow the registered design to be sold more widely.
Conclusion
For entrepreneurs and businesses wanting to protect their original works and keep a competitive edge in the market, design registration under the Design Act of 2000 is important. Owners of designs have the ability to obtain exclusive rights, stop illegal copies, and raise the market worth of their works via registration. Because it makes sure that companies are paid for their innovative work and that the market is free of unfair practices, design registration is also important to the growth of innovation and fair competition. It is highly recommended that companies use the design filing method to protect their designs and earn from their efforts in creation. Owners of the registered design may maintain their market share, support a creative culture, and advance the general growth and development of the design industry of India.
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