Design Means only the characteristics of form, pattern, or composition of line or color applied to any item in 2D or 3D format by any manual or mechanical process that can be judged by the naked eye.
Does not include any trademarks or artistic works (under copyright)
Owner of a new or original design Includes:
(1) Author of the design
(2) A person who has another person execute the design and
(3) A person who acquires the design right from an author.
The design request may be made by any person claiming ownership of a new or original design and may be submitted to the Controller. The application must be submitted in a prescribed format and must be accompanied by four copies of the design representation and the prescribed fee. This application can be submitted by hand or by certified mail.
The application will indicate the class in which said design is to be registered. The Design Rules, 2001 prescribe the classification under which the application may be preferred. In the application, if any objection appears to the Controller, which requires amendment in an application, you can communicate the list of such objections to the applicant. The applicant will remove or resolve the objections within 6 months. Under Sec. 6, the Design is registered for all or any of the articles included in a particular class. Where the design is registered for any article corresponding to a single classification, the application for the same design but for any other article in the same classification may be granted to the same applicant.
Let’s say ‘Bottle’ and ‘bag’ fall into the same classification and if someone has gotten a skin under ‘bottle’, he himself will not be denied getting the same skin for ‘bag’. The Controller may grant or deny the request. In case of refusal, the aggravated person may prefer an appeal to the High Court. The Controller will issue a certificate of registration to the applicant and will publish the fact of registration of the design. A design register is kept at the Patent Office, in which all the details of a design will be recorded. Said record is prima facie evidence of any fact related to the design.
Anyone who has applied for any design in the UK or any other convention country can claim the same design in India. However, such a claim must be made within 6 months from the date of application in the UK or other convention countries.
Rejection: – The controller will not register the design if:
• It is not new or original
• Has been published in India or elsewhere in any format before the priority date of an applicant’s application
• Not significantly different from the known design or its combination
• Contains scandalous or obscene material.
Substitution: – When before the registration of the design:
• A person has applied for registration of any design, and • Another person claims the same design as your design due to any agreement or assignment, then the Controller may proceed to register such design in the claimant’s name.
However, the design must be identified to the satisfaction of the Responsible and the contract or assignment must also be produced by virtue of which the claimant’s claim has been formulated.
Restoration: – When the renewal fee is not paid, the right has expired and can be restored within 1 year, from the date of expiration of an original term upon payment of a fee. The restoration request, as requested by an applicant, must be published by the Controller.
Marking before sale: When an item’s design is registered, a mark with the word “Registered” or “Regd”. shall be affixed together with the registration number on such item prior to delivery for sale of such item.
Any interested person may submit a petition to the Controller for the cancellation of the registration of the design for the following reasons:
• The design is already registered in India by anyone else
• Has been published in India or elsewhere before its priority date
• The design is not new or original
• Does not enter the definition of design. The application will be made in duplicate and a copy of the same will be sent to the registered owner.
The registered owner can file his counter-declaration within a prescribed period. The auditor will set a hearing date with 10 days’ notice and decide on the matter. Any person aggravated by the Comptroller’s decision may prefer an appeal to the High Court.
Registered Design Piracy:
The following acts are considered a design infringement, if done without the permission of the registered owner:
• Apply design or its imitation on any item in your sale
• Import any item for sale purposes
• Knowingly post any item for sale.
Any person doing the above acts in contravention of the Act will be required to pay Rs 25,000 to a landlord. In addition, the owner also has the right to sue for damages or injunctive relief in the District Court.
1. All records maintained under this Act at the Patent Office are open for inspection and certified copies of any entry in such prescribed record may be obtained by any person upon payment of a fee.
2. Where a design application has been denied, any information, drawing, photograph or representation relating to such application will not be open to inspection.
3. Any person who is entitled to any Design by reason of any assignment or transfer may submit an application to the Controller and the Controller will, at that time, register you as the owner of such Design.
4. The controller will not disclose any information of a design if it may be detrimental to the security interests of India.