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DESIGN REGISTRATION

Design registration gives exclusive right to its owner and creator. The registration gives authority to the creator to use the design for a period of ten years. Design registration With “India’s biggest Platform.” Connect with our Experts.

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Design registration with Auriga Accounting

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Why Should I Use Auriga Accounting For Design registration ?

Auriga Accounting has a team of registration experts who can provide complete guidance to Design registration.

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Our team of experts will get in touch with you and collect all necessary documents and details

Resolve all your queries

We fill out and file your application for registration

Complete your Design registration

Your Design registration

Why Should I Use Auriga Accounting For Design registration ?

Auriga Accounting has a team of registration experts who can provide complete guidance to Design registration.

book appointment

Our team of experts will get in touch with you and collect all necessary documents and details

Resolve all your queries

We fill out and file your application for registration

Complete your Design registration.

Your Design registration.

OVERVIEW- DESIGN ACT

In view of considerable progress made in the field of science and technology, a need was felt to provide more efficient legal system for the protection of industrial designs in order to ensure effective protection to registered designs, and to encourage design activity to promote the design element in an article of production. In this backdrop, The Designs Act of 1911 has been replaced by the Designs Act, 2000. The Designs Act, 2000 has been enacted essentially to balance these interests and to ensure that the law does not unnecessarily extend protection beyond what is necessary to create the required incentive for design activity while removing impediments to the free use of available designs.

Copyrights protect original works of authorship, such as literary works, music, dramatic works, pantomimes and choreographic works, sculptural, pictorial, and graphic works, sound recordings, artistic works, architectural works, and computer software. With copyright protection, the holder has the exclusive rights to modify, distribute, perform, create, display, and copy the work.

Copyright in India is governed by Copyright Act, 1957. This Act has been amended several times to keep pace with the changing times. As per this Act, copyright grants author’s lifetime coverage plus 60 years after death. Copyright and related rights on cultural goods, products and services, arise from individual or collective creativity. All original intellectual creations expressed in a reproducible form will be connected as “works eligible for copyright protections”. Copyright laws distinguish between different classes of works such as literary, artistic, musical works and sound recordings and cinematograph films. The work is protected irrespective of the quality thereof and also when it may have very little in common with accepted forms of literature or art.

The greatest fear and challenges to the copyright industry is the piracy of works whether, books, musical works, films, television programmers or computer software or computer database. The special nature of infringement of copyrights in computer programmers has again been taken note of by the Copyright (Amendment) Act, 1994 by inserting a new section 63 B.

PENALTY

The new section provides that any person who knowingly makes use on a computer of an infringed copy of a computer programme will be punishable with imprisonment for a term of not less than seven days, which may extend to three years and with a fine of not less than Rs. 50,000/- and which may extend to Rs. 2,00,000/-.

Section 63 B, however, provides that where computer programme has not been used for gain or in the course of trade or business, the court may at its discretion and for reasons mentioned in the judgement not impose any sentence of imprisonment and impose only fine up to Rs. 50,000/-.

FEATURES

  1. Enlarging the scope of definition of the terms “article”, “design” and introduction of definition of “original”.
  2.  Amplifying the scope of “prior publication”.
  3. Introduction of provision for delegation of powers of the Controller to other officers and stipulating statutory duties of examiners.
  4. Provision of identification of non-registrable designs.
  5. Provision for substitution of applicant before registration of a design.
  6. Substitution of Indian classification by internationally followed system of classification.
  7. Provision for inclusion of a register to be maintained on computer as a Register of Designs.
  8. Provision for restoration of lapsed designs.
  9. Provisions for appeal against orders of the Controller before the High Court instead of Central Government.
  10. Revoking of period of secrecy of two years of a registered design.
  11. Providing for compulsory registration of any document for transfer of right in the registered design.
  12. Introduction of additional grounds in cancellation proceedings and provision for initiating the cancellation proceedings before the Controller in place of High Court.
  13. Enhancement of quantum of penalty imposed for infringement of a registered design.
  14. Provision for grounds of cancellation to be taken as defense in the infringement proceedings to be in any court not below the Court of District Judge.
  15. Enhancing initial period of registration from 5 to 10 years, to be followed by a further extension of five years.
  16. Provision for allowance of priority to other convention countries and countries belonging to the group of countries or inter-governmental organizations apart from United Kingdom and other Commonwealth Countries.
  17. Provision for avoidance of certain restrictive conditions for the control of anticompetitive practices in contractual licenses.

ELIGIBILITY

  • Originality: To be eligible for design registration, the design must be original, meaning it should not have been published or publicly disclosed in any form in India or any other country before the date of application for registration. It should be a new and unique design.
  • Novelty: The design should be novel and not have been previously known or used in any trade anywhere in India or in the world. It should not be a common or widely used design.
  • Non-Obviousness: The design should not be obvious to a person skilled in the art. In other words, it should not be a design that a skilled person in the relevant field would consider obvious or commonplace.
  • Applicability: The design should be applicable to an article, and it should be primarily judged by its visual appearance. It should not be related to the technical or functional aspects of an article.
  • Proper Representation: The design should be represented properly through drawings, photographs, or other graphical representations. These representations should clearly show the design from various angles and perspectives.
  • Rightful Claimant: The person claiming the design registration should be the rightful owner of the design. This could be the creator of the design or someone who has acquired the rights to the design through a legal transfer, such as an assignment or an employment contract.
  • Not Contrary to Public Order or Morality: The design should not be contrary to public order, morality, or any law in force. It should not promote offensive or illegal content.
  • Non-Disclosure: The design should not have been disclosed to the public before applying for registration. It’s essential to maintain confidentiality until the design is registered.
  • Non-Functional Element: The design should focus on the aesthetic or ornamental aspects of an article and should not be primarily driven by its functional or technical features.
  • Duration: Once registered, the design is protected for an initial period of ten years, which can be extended for an additional five years upon payment of a renewal fee.

ADVATNAGES

  • Exclusive Rights: The most significant advantage is that design registration grants the owner exclusive rights to use, make, sell, or license the registered design. This means that no one else can legally use or reproduce the design for commercial purposes without the owner’s permission.
  • Legal Protection: Registered designs enjoy legal protection against infringement. If someone copies or imitates the registered design without authorization, the owner has the right to take legal action and seek remedies such as injunctions, damages, or account of profits.
  • Monetization: Owners of registered designs can monetize their intellectual property by licensing or selling the design rights to others. This can be a source of revenue for individuals or businesses.
  • Enhanced Market Position: A registered design can enhance the market position of a product or brand. It can make a product more attractive to consumers and give it a unique identity.
  • Competitive Advantage: Registered designs can provide a competitive advantage by preventing competitors from imitating or replicating the design, thus reducing the risk of market dilution and copying.
  • Asset Value: Registered designs are considered intellectual property assets. They can add value to a company’s balance sheet and can be leveraged for raising capital or securing loans.
  • Deterrence: Having a registered design can deter potential infringers, as they are aware of the legal consequences and risks associated with copying the design.
  • Enforceable Rights: The registered design owner has enforceable rights that can be pursued through legal channels. This can help protect the investment made in creating and promoting the design.
  • Global Protection: Under the Hague Agreement, Indian designers can also seek international protection for their designs in member countries, making it easier to protect designs on a global scale.
  • Duration: A registered design is protected for an initial period of ten years, which can be extended for an additional five years through renewal. This provides long-term protection for the design.
  • Design Exclusivity: Unlike other forms of intellectual property like patents or trademarks, design registration specifically protects the visual appearance of an article. This is valuable for products where aesthetics and appearance play a significant role.
  • Brand Identity: Registered designs can contribute to building a strong brand identity and recognition in the market, leading to increased consumer loyalty and trust.
  • Value in Licensing and Franchising: Registered designs can be used as assets in licensing agreements or franchising arrangements, allowing businesses to expand their reach and generate revenue.

Documents

  • Application Form: You need to fill out the prescribed application form for design registration. The form may vary depending on the nature of the applicant (individual, partnership, company, etc.). The application form should contain the following information:
    • Name, address, and nationality of the applicant.
    • Name of the article for which design protection is sought.
    • Statement of novelty and originality.
  • Representation of the Design: You must provide representations of the design, such as drawings, photographs, or graphical representations. These should clearly depict the design from various angles and perspectives. It’s important that the representations accurately convey the design’s visual appearance.
  • Statement of Priority (if applicable): If you are claiming priority from an earlier application filed in a convention country, you need to provide details of the priority application, including the filing date and country.
  • Authorship and Ownership Details: Information about the author(s) of the design and their ownership rights. If the design is created by an employee during the course of employment, details of employer-employee relationships may be required.
  • Address for Correspondence: A valid address for correspondence, where the Design Office can send official communications and notifications.
  • Power of Attorney (if represented by an agent): If you are using a patent agent or legal representative to file the application on your behalf, a Power of Attorney authorizing them to act on your behalf may be required.
  • Declaration of Priority Date (if claiming priority): A declaration specifying the date of first application in a convention country, if applicable.
  • Statement of No Previous Application: A declaration stating that the design has not been previously registered or published in India or any other country before the date of application.
  • Details of the Article: Information about the article for which design protection is sought, including its intended use and classification.
  • Details of Any Prior Application: If there was any previous application for the same design, you should provide details of such applications, including the application number and filing date.
  • Formal Drawings or Photographs: These should be in the required format and size, as specified by the Design Office.
  • Proof of Right to Apply (if applicable): If the applicant is not the creator of the design, you may need to provide proof of the right to apply for design registration.
  • Certified Copies (if priority is claimed): Certified copies of the priority document(s) if you are claiming priority from an earlier application.

VALIDITY

  • Initial Registration Period: When a design is registered in India, it is initially protected for a period of ten years from the date of registration. This means that for the first ten years, the design owner has exclusive rights to use, make, sell, or license the registered design.
  • Renewal Period: After the initial ten-year period, the design registration can be renewed for an additional five years. This renewal must be applied for within six months before the expiration of the initial ten-year period. If the renewal fee is not paid within this period, the registration will expire.
  • Total Validity: Therefore, with the renewal, the total validity of a registered design in India can be extended to a maximum of fifteen years (initial ten years + five-year renewal).
  • Non-Renewal: If the design owner chooses not to renew the registration within the prescribed timeframe, the design protection will cease, and the design will enter the public domain. It will no longer be protected under the Design Act.
  • Protection Period for Unregistered Designs: It’s important to note that unregistered designs, which are not protected under the Design Act, do not have a fixed validity period. Unregistered designs are protected as long as they are not published or disclosed to the public. Once an unregistered design is published or disclosed, it loses its protection.
  • No Extension of Renewal Period: The Design Act does not provide for any further extension of the five-year renewal period. Once the design registration expires after fifteen years (initial ten years + five-year renewal), it cannot be revived or extended.
  • Rights During Validity: During the validity of the design registration, the design owner has the exclusive right to prevent others from making, selling, or importing articles that embody the registered design without their permission. Infringement of these rights can lead to legal action and remedies.
  • Global Protection: It’s important to note that design registration in India provides protection within India’s jurisdiction. If design protection is needed in other countries, separate applications for design registration must be filed in those countries or regions.

PROCESS OF DESIGN REGISTRATION

Preparation and Documentation:

  • Original Design Creation: First, the applicant needs to create an original and novel design that they wish to protect. The design should not have been previously published or disclosed to the public.
  • Identification of Design Category: Determine the category or classes of the design as per the Design Rules, 2001, and select the appropriate class for your design.
  • Drawings or Representations: Create accurate and detailed drawings, photographs, or graphical representations of the design. These representations should clearly show the design from various angles and perspectives.

Application Submission:

  • Filling Out the Application Form: Complete the prescribed application form for design registration. The form may vary based on the nature of the applicant (individual, partnership, company, etc.). The application form should include the following information:
    • Name, address, and nationality of the applicant.
    • Name of the article for which design protection is sought.
    • Statement of novelty and originality.
    • Design category and class.
    • Accompanying Documents: Along with the application form, submit the following documents:
  • Representation of the design (drawings, photographs, or graphical representations).
    • Power of Attorney (if represented by an agent).
    • Any other supporting documents as required
  • Filing Fee: Pay the prescribed filing fee for the design application. The fee may vary depending on factors like the nature of the applicant and the number of designs included in the application.

Examination and Publication:

  • Formal Examination: The Design Office conducts a formal examination to ensure that the application meets the procedural requirements. This includes reviewing the completeness of the application and the accompanying documents.
  • Substantive Examination: After the formal examination, the application undergoes a substantive examination to determine whether the design is eligible for registration. This examination assesses novelty, originality, and other eligibility criteria.
  • Publication: If the design application is found to be in compliance with the rules and regulations, it is published in the Official Gazette.
  • Opposition (if applicable): After publication, there is a brief window during which third parties can file oppositions against the design registration if they believe the design does not meet the legal requirements.
  • Registration and Certificate Issuance: If there are no oppositions or if the oppositions are not successful, the design registration is granted, and a certificate of registration is issued to the applicant.
  • Renewal (if required): To maintain the design registration, the applicant must pay the renewal fee within six months before the expiry of the initial ten-year protection period. Failure to do so will result in the expiration of the registration.
  • Enforcement and Protection: During the validity of the design registration, the design owner has exclusive rights to use, make, sell, or license the registered design. They can take legal action against infringers if their rights are violated.

WHY AURIGA ACCOUNTING ?

  • Initial Consultation: Auriga Accounting may offer an initial consultation to understand your design registration needs and assess whether design registration is appropriate for your situation.
  • Documentation Preparation: They can assist you in preparing the necessary documents for design registration, including the application form, representations of the design, and any accompanying paperwork.
  • Application Submission: They can help submit the design registration application to the relevant intellectual property office, ensuring that it complies with the requirements and regulations.
  • Legal Assistance: If Auriga Accounting collaborates with legal professionals or intellectual property attorneys, they can provide legal guidance throughout the design registration process, including addressing any potential legal issues.
  • Renewal Services: Accounting firms with expertise in intellectual property may also offer services to help clients with the renewal of design registrations when necessary.
  • Fees and Cost Management: They can assist with managing fees and costs associated with the design registration process, including filing fees and any professional service charges.
  • Record Keeping: Proper record keeping is essential in intellectual property matters. Accounting firms can help clients maintain records related to design registration, which can be crucial for enforcement or future transactions involving the registered design.
  • Coordination: They can coordinate with relevant authorities and agencies involved in the design registration process, ensuring that all necessary steps are completed accurately and efficiently.

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