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The registration and protection of industrial designs in India are managed by the Designs Act, 2000. And corresponding Designs Rules, 2001 that came into power on 11th May 2001 abolishing the earlier Act of 1911. The Design Rules, 2001 was moreover amended by Designs (Amendment) Rules 2008 and Designs (Amendment) Rules 2014. The last act in Designs Rules came in to overpower from 30th December 2014. That includes a new category of the applicant as a small entity in addition to a natural person and other than a small entity..
The industrial design sees the creation of innovative and original features of new shape, form, surface pattern, embellishment and style of lines or colors used to articles which in the finished state appeal to and are assessed individually. Benefits of Design Registration
A registered owner of the design is called to a better protection of his intellectual property. He can sue for infringement, if his right is infringed by any person. He/she can license or sell his design as legal property for a fee or royalty. Registration originally gives this right for 10 years from the date of registration. If the fee for size is not paid for the further period of registration within the period of first registration, this benefit will stop. There is provision for the return is filed within 1 year from the date of cessation in the designated manner.
The registration of a design confers upon the certified proprietor the private right to apply a design to the article in the class in which the design has been registered.
Executed in a non-judicial stamp paper of Rs.100 and duly endorsed by the directors of the company.
The Design categories should be picked i.e pattern, shape and describe your design accurately and relatively.
4 copies of the Design rendering (art/image/tracing), which is to be precisely the same as the design to be registered.
Information on the design including evidence of first use and priority
While the former Design Rules did not differentiate between different kinds of applicants, the Design (Amendment) Rules 2014, revealed two main kinds of applicants i.e. ‘natural person’, and ‘other than a natural person’. The kind of ‘other than a natural person’ is extra divided into ‘small entity’ and ‘others except for small entity’. It was also stated that any of the 3 categories would have different fees. Thus, the categories of design applicants with varying fees now add: ‘natural person’, ‘small entity’ and ‘others except small entity’.
The owners of real work can forever protect their work by copyright registration. It supports them upon infringement.
With design registration, your creative work is gets favored among the crowd in a single go. It can be quickly used for publishing or marketing in the understanding of the customer.
Rights over distribution, adaptation, reproduction, and change of work have been completely charged to the inventor of work.
India endorses or gives the right to the work copyrighted in many other countries and vice-versa. Design registration in India is given protection in multiple other countries.
People come to know regarding registered work quickly and it is simply searchable on multiple platforms with the registered database.
As it is always said, branding plays an essential role in developing your work value. So, registration can even help you to build a sense of goodwill and excellence in the minds of your customers.
The duration of the registration of a design is originally 10
years from the date of registration. But in applications where the claim to superiority has been
allowed, the duration is 10 years from the priority date. This first period of registration may be
extended by a further period of 5 years on an application made in Form-3 followed by a fee of Rs.
2,000/- to the Controller before the expiry of the said first period of Copyright. The owner of a
design may make an application for such an expansion even as soon as the design is registered
If anyone violates the copyright in design for each violation
he/she is liable to pay a sum not exceeding Rs. 25,000/- to the registered owner subjected to a
height of Rs. 50,000/- recoverable as record debt in respect of any one design. The registered owner
may bring a suit for the recovery of the losses for any such violation and for an order against the
repetition of the same. Total sum recoverable must not surpass Rs. 50,000/- as contract debt as
declared in Section 22 (2) (a). The suit for infringement, recovery of damage must not be filed in
any court under the court of District Judge.
Piracy of a Designs
Piracy of design involves the application of a design or its image to any article relating to a class of articles in which the design has been enrolled for sale or importation of such articles without the written permission of the registered owner. Publishing such articles or presenting them for sale with information on the illegal application of the design to them also includes piracy of the design.
The registration of a design may be discontinued at any time
after the registration of the design, on a request for cancellation in form 8, with a fee of Rs.
1,500/- to the Controller of Designs, on the following basis:
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