Design is defined as the characteristics of form, design or patterns that are applied to an item in a 3-D or 2D format by any mechanical or manual procedure that is able to be evaluated by the eyes.
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It doesn’t contain any trademark or artistic work (under Copyright).
The owner of a new or original design is -(1) Author
(2) (2) The person who is able to have the design completed by a different person.
(3) A person who acquires design rights from an author.
Anyone who claims to have the right to a brand new or unique design can apply for the design. The application must be submitted in specified format. It should be submitted by four images of the design as well as the fee prescribed. The application can be submitted via registered mail or by hand.
The class under the design to be registered must be specified in the application. The Designs Rules, 2001 define the categories that an application can be considered. If an objection is raised by the Controller and needs modification to an application, the Controller can forward the list of objections to the applicant. The applicant must address the objections within six months. Design may be registered for any article or all within a particular class, as per Section 6. If a design is registered for one article that falls within one particular class and the application is for the same design on another item within the same class may be granted.
Let’s suppose that “Bottle” and ‘bag’ are belong to the same class. If anyone has been granted a the design under bottle’s and ‘bag’, they is not unable to applying the same design to the ‘bag. The Controller is able to approve or refuse the request. The Controller may either accept or deny the request. The person who is aggrieved can make an appeal to the High Court. The Controller issues an official certificate of registration to every applicant and announce that the design was registered. The Patent Office keeps a register of designs, in which every detail of a design are documented. The register is used as the primary evidence of any design-related fact.
Anyone who has applied for an invention within India or in the UK is eligible to apply. The claim must be submitted within six months from the date of application in the UK or in any other convention country.
Rejection: The controller won’t register the design if it is rejected by the controller.
* It isn’t original or brand new.
* The publication was published in India or in a different country prior to the priority date of the applicant.
* It’s like the design that is already in use or the combination of them.
* It is filled with obscene and sexually explicit material.
Substitution: – Prior to the registration of the design
If a person is requesting registration of a design, and * A different person is claiming the same design for his because of an agreement or assignment, or for any another reason, the Controller is able to apply for registration of the design under the name of the claimant.
The Controller is required to identify the design and then prepare the contract or assignment under the claim.
Restoration In the event that the renewal fee has not been paid, the right is lapsed and is re-instated within one year of the date of expiration of the initial fee-paying period. Controller will publish the application for restoration made by the applicant.
Before the sale, a mark with the words “Registered” (or “Regd”) is placed on an item that is registered. Prior to the delivery of the item to the buyer, it has to be accompanied by the registration number.
Cancellation of registration:
Anyone who is interested may petition the Controller to revoke the registration of a design for these reasons:
* This design was registered in India by a different person.
* This publication was first published in India or in another country prior to the date of priority.
* This design isn’t unique or brand new.
* It’s not included in the definition of design petition. is required to be duplicated and one copy must be given to the registered proprietor.
Within a time-frame the registered proprietor is entitled to submit a counter-statement within a specified time. When a notice is received within 10 days, the Controller will set a date for hearing and then decide on the issue. The decision of the Controller may be appealed to the High Court by any person who feels aggrieved.
The piracy of registered designs:
If the registered owner is not in agreement to the following actions, they are considered to be infringements of the design
* Applying design or imitation to any item sold
* Import any item to be sold
* Publish any article that you are aware of is available for sale
Any person found guilty of an act in violation of the Act is subject to a fine of the fine of Rs. The proprietor could be held accountable for Rs.25,000 The owner can also bring a lawsuit against the District Court for damages or injunctions.
1. After payment of a predetermined fee, anyone is entitled to examine any register kept by the Act at the Patent Office.
2. 2.If the request for a design is rejected the information, drawing or photograph relating to the request will not be made available to be inspected.
3. Anyone who is the right to use any design due to any transfer or assignment can submit a request the Controller. The Controller will then identify him as the owner of the design.