Design registration is used in India to register and protect various industrial designs. The Designs Act of 2000 and its associated Rules of 2001 implement the entire registration process.
The design describes the unique elements of a product, whether it is a 2D or 3D article, or a combination thereof, created by any manufacturing technique or method, whether it is a blueprint, a decoration, or a composition of lines or hues. Design can be a mechanical, automated, or chemical process, and it can be separate or all-encompassing, as long as the end product appeals to and can only be recognized visually.
The term, on the other hand, does not include any mode, standard, construction, or anything else that is solely mechanical in nature. Moreover, it does not include any registered trademark, as defined in Section 2(v) of the Trade and Merchandise Marks Act, 1958, nor any trademark or artistic work, as defined in Section 2(c) of the Copyright Act, 1957.
It is a requirement to register designs under the Designs Act in order to protect a novel or inventive design that has been developed and will be applied to a specific article during production.
The need for design registration
By using distinctive shapes, forms, patterns, beautifications, and mixes of such shapes and colors, a unique industrial design is able to create fresh and original product characteristics that can be identified by their distinctive shape, form, patterns, and combination of them. Upon first glance, an extraordinary design draws the eye and has a strong favorable effect on the market’s customers. Here are some of the reasons why a company should register its design:
- In order to prevent the imitation or exploitation of distinctive creations in India, it is important to obtain an effective and well-placed legal shield.
- Innovative and creative thinking should be encouraged and nurtured
- WTO member countries who have signed the TRIPS agreement (Trade-Related Aspects of Intellectual Property Rights) have a legal obligation to comply with this requirement.
Design Registration Certificate Validity
Registration certificates issued for designs are valid for ten years from the date of registration. Priority claims are valid for ten years from the priority date.
If you file an application in the prescribed format with the Controller and pay the required fee before the first period of Copyright expires, the design term can be extended for an additional five years.
Additionally, if a registered design expires as a result of nonpayment of an extension fee, an application for restoration of that design must be submitted to the Controller within one year from the date of nonpayment of the extension fee, together with the prescribed charge and form.
Design registration benefits
- It boosts the product’s commercial worth as well as its marketability by making it appealing and appealing.
- It ensures that the design of the product is genuine and unique, and the owner’s interest is protected when a design is protected.
- An image or diagrammatic representation of a product or packaging is protected by design registration fees in india. Many businesses rely on copyright and make sure they are adequately protected. In the event of a dispute, the opposing party must prove the validity of the copyright. In this way, a design registration would be a good choice when it comes to proving intellectual property rights validity.
- Adding something unique or creative to a product gives it a unique personality. In the market, uniqueness helps a product carve out a niche for itself.