Design has some Top importance to attract the attention of the people. People love t see visuas. So the designing is very important which the first step of manufacture of the product is. The registration and protection of designs in India is administered by the Designs Act, 2000 and corresponding Designs Rules, 2001 which came into force on 11th May 2001 repealing the earlier Act of 1911. The Design Rules, 2001 was further amended by Designs (Amendment) Rules 2008 and Designs (Amendment) Rules 2014. Design registration in Salem states that the last amendment in Designs Rules came in to force from 30th December, 2014, which incorporates a new category of applicant as small entity in addition to natural person and other than small entity.
External aspects of Design & its Top importance
The design Act protects external aspects of design of the article and not the technical and functional properties of the product. There are two types of Design applications. They are: Ordinary application and conventional application. In ordinary application can be defined as a first application made for a design without claiming priority from any application. The conventional application can be defined as an application filed that claims priority based on a convention application. To get the convention status, an applicant should file the application within six months from the date of first filing.
Is the Design Registration mandatory?
Design registration gives the conditions. It should be new or original. Design means it must be created for the first time and it is design does not resemble the existing one, It has not been disclosed to the public. It does not comprise of any scandalous or obscene matter. It is not contrary to public order or morality. The following are not registrable: Books jackets, calendar, and certificate forms documents. Dress making, patterns, greeting cards, leaflets, maps and plan cards, post cards, stamps, medals, label, token, cards and cartoons. Design protection for mechanical connectors is excluded in most cases. However, elements of modular systems, such as building blocks for construction toys can, however, be protected as a design. A proprietor or the legal representative or the assignee can apply separately or jointly for the registration of a design.
Top importance of Design Act in Visual Appearance
Design registration in Salem also says that publication is not defined in the Design act. The publication occurs in two ways Print and prior use. Courts express publication as something which is not a secret. It is distinctive. Perquisite for design registration is distinct and if the design is not significantly distinguishable. Design registration in Erode explains with an example; you have to design back pouch for the cell phone. The features you have to think are: it should be anti-slip, it should fit to the size of the phone (not too loose or to tight), it should have the holes in the required place like in the camera part, or the finger print portion, or in the speaker area. The pouch may have different captivating design. And the material quality of the pouch must good. These are the things to be considered for designing a pouch.
Some Imperative Things
Design registration in Erode states that the registration of design is valid for 10 years and followed for another 5 years for renewal. After expiry it cannot be re-registered. There is no provision for advertisement or publication of design before registration. The registration of design confers exclusive right to the design. It is one of the intellectual property rights so any one registered upon this IPR shall be granted rights and if any infringement takes place he can sue on the infringer. Design registration explains the following procedure.
Procedures
The procedure includes submitting two copies of six images of the article (front, rear, top, bottom, left side, right side and the perspective side). The name and address of the applicant, and the applicant has to mention whether he is an individual or company, required fee, the class in which design has to be registered and brief statement which says the novelty of the design. The registration of designs cannot simply be used or copied. Registration gives you the option to get a return on high-value investments. To check the status of Design application Status first you have to give the application number. And then you have to enter the captcha code. Then you have to click upon show status. The status is thus shown when above said is done.
Infringement activities in a Design Registration
Design registration in Trichy says that like trademarks, designs too are also susceptible to infringement mostly along the lines of passing off. It is an illegal act to make use of a registered design, or a fraudulent or obvious imitation of a registered design, without authorization from the registered owner of such design.
Design registration in Trichy says that in case of such an infringement, the registered owner may file a suit to recover a nominal sum as damages from the infringer, and also ask that the infringement stop taking place. In order to ascertain infringement, the Court or any adjudicatory body need not directly compare the two articles, but look at them from the point of view of the average customer and see if the two are causing an obvious confusion in the minds of the consumer.
At Last- Conclusion
Design registration in Trichy explains the “Piracy of Design”: Piracy of design means application of a design or its imitation to the article belonging to class of article in which design has been registered. The person acting in contravention of above is liable to pay damages also injunction cab asked through court. Thus the purpose of the design registration is to see that the artisan or creator or originator of the design having aesthetic look is not deprived of his reward of applying it to his goods. Once the design is registered it gives the legal right to take action against the infringer and stop piracy of the design. When the design is created in novel method he can apply to the design to the article. This form of Intellectual property protection is rendered because it is swift, procedurally simple and easy to obtain.
