The protection of designs in India is currently governed by the Designs Act 2000, which repealed and replaced the earlier Act Designs Act 1911. The Designs Rules of 2001, which were further amended in 2008, make the process for registering and prosecuting design applications in India easier. The Indian Designs Registry adheres to the International Classification of Designs’ Locarno classification, which is included in the Third Schedule of Design Rules, even though India was not a signatory to the Locarno Agreement. In this blog Design registration in chennai is discussed.
According to the Act, “design” is defined as “the feature of shape, configuration, pattern, ornament, or composition of lines or colours applied to any article by an industrial process that appeals to and is judged solely by the eye in the finished article” regardless of whether the object is two-dimensional, three-dimensional, or both.
Exactly, a design is a protection given to an item’s ornamental, aesthetic, artistic, or visual aspects. The most important thing is that it can only be seen. Practically every article has aesthetic and functional features intertwined with it. However, despite their benefits, technical and functional features cannot be registered as designs in India.
If a design meets the following requirements, it is eligible for design registration in Chennai.
- It is novel or unique;
- is distinct from the existing design;
- is not known to the general public anywhere in the world;
- Does not include anything scandalous or obscene.
- The applicant should always conduct a design search in the Indian Design Office’s design database. The applicant would be able to look for published design applications with it.
Any natural person, small business, or other entity may file a design application. A claim of novelty should be included in the application, and in the case of a convention application, priority documents should also be submitted.
Currently, the design application can be submitted online regardless of the agent’s or attorney’s territorial location. Exact drawings, photographs, tracings, or specimens can be used to represent the design, and at least four to five views of the item—front view, back view, top view, and right view—may be provided.
The following are the requirements for submitting the design application:
- Status of the applicant other than as a natural person in law
- The applicant’s name, address, and nationality are necessary for design registration in Chennai.
- Description of the article’s novelty is necessary for design registration in Chennai;
- Class and Subclass according to the Locarno Classification;
- Drawings, photographs, tracings, or specimens that depict the design;
- Four to five views of the designs.
- A design can only be used in one class, and if it is used in articles that belong to different classes, a separate application must be submitted. Although there are no specific requirements for the number of perspectives on the representations, it is recommended to present all fundamental viewpoints in the article. It is necessary for design registration in Chennai.
The following additional information must be provided if the design application asserts priority over a corresponding convention application:
- Date priority;
- Priority nation;
- Application number for priority is necessary for design registration in Chennai;
- Document of Certified Priority; and a verified translation of the priority document into English.
- If necessary, the certified document and verified English translation could be submitted later.
On documenting the application for design registration in Chennai, the design Vault distributes an application number in no less than a little while. After that, both substantive and procedural investigations are carried out by the Design Registry.
The examiner is responsible for issuing an office action against the design application along with any objections if the application does not meet any legal requirements.
In the process of design registration in Chennai, the applicant is required to correct the flaws and overcome the objections if the examiner raises them, and the application should be resubmitted to the Designs Registry for reconsideration and acceptance.
Because the defects must be corrected within three months of the date of official communication but no later than six months of the date of application for design registration in Chennai, it is always recommended that corrections be made as soon as possible. Within the stipulated six months, the applicant or agent may also request a hearing.
The Design Office is responsible for issuing the Certificate of Registration, which can be renewed for an additional five years upon acceptance of the application by the registrar. The design registration in Chennai is made public in the Official Journal upon acceptance.
It’s interesting to note that Indian law doesn’t have a way to stop a design registration in Chennai. However, any interested party can petition for the cancellation of a design on any of the following grounds:
- Design before registration;
- The design is not original;
- prior publication of the design before the date of registration in India or any other nation;
- Designs play a very important role in the current industrial era, adding to the creation of IP portfolios and ultimately monetizing assets. In India, design registration and protection are relatively simple and quick.
Registration process
A design must have design registration in Chennai with the Controller of Designs at the Patents Office to be protected, just like any other type of intellectual property.
Filling out a form called “Form-1” is required for design registration in Chennai. This form can be completed and submitted online through the government’s online portal. The application is approved and the design is registered once its uniqueness has been checked and all the documents needed to process it are in order.
The design has the protection from “piracy” for ten years after it has registration. The registered owner of the design will be penalized and any person found guilty of piracy will be required to cease using the design in the future.
Essential requirements
Before getting design registration in Chennai, it must be completely new and not previously published or used in any country, including Chennai.
A configuration, shape, ornament, or pattern must be the design. It can get design registration in Chennai.
The following designs, such as industrial plans and layouts and installations, have no registration under the act.
Any products must have production using the industrial process, and the design must take this into account. The Act does not exclude an artistic work’s designs.
The following designs have exclusion from the copyright act of 1957 because they are artistic works, property marks, or trademarks.
Benefits
When design registration in Chennai is obtained, there are many benefits.
The capacity to sue:
The owners of a design have the legal right to sue any imitation once it has successfully registered. Preserving the owner’s right to exclusive use of their product or industrial design ensures that the owner of the Design can maintain their share of the market. As of 2019, counterfeit goods accounted for 3.3% of global trade, so having design registration in Chennai gives organizations the ability to sue the growing number of counterfeiters.
Validity Expansion:
A certificate of design registration in Chennai is valid for ten years, but it can have renewal or extension for an additional five years after that.
Legal defences against plagiarizing:
One of the most important advantages of design registration in Chennai is this. The process of registering a design prevents other businesses from copying, selling, distributing, or reproducing goods with the same design.
A rise in market value:
Design registration in Chennai under a patent authority increases the product’s marketability and boosts its commercial value. This is because a product with an owner’s design improves its positioning in the eyes of potential customers.
Competitive Markets:
In a broader sense, when a large number of designers register their designs, the market players feel more competitive. This necessitates R&D activities, which in turn encourages additional innovation and benefits customers and businesses alike.
Get the customer’s attention:
One of the main advantages of design registration in Chennai is that it only attracts customers and has view or judgment by the eye.
Conclusion
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