A Design refers to the features of shape, configuration. pattern, ornamentation or composition of lines or colours applied to any article, whether in two or three dimensional or both forms. This may be applied by any industrial process or means manual, mechanical or chemical separately or by a combined process, which in the finished article appeals to and judged solely by the eye.
Advantage of Design Registration
- The registration of a design confers upon the registered proprietor the exclusive right to apply a design to the article in the class in which the design has been registered.
- A registered proprietor of the design is allowed to a better protection of his intellectual property.
- He can sue for infringement, and if his right is infringed by any person.
- He can license or sell his design as property for a consideration or royalty.
- Registration initially Valid for ten years from the date of application. It is renewable for a further period of five years.
Essential of Design registration
- It Should be new or original
- Design Not be disclosed to the public anywhere by publication in tangible from or by use or in any other way prior to the filling date, OF where applicable, the priority date of the application for registration.
- Be significantly distinguishable from known designs or combination of known designs.
- Not comprise or contain scandalous or obscene matter.
- Not be a mere mechanical contrivance.
- Be applied to an article and should appeal to the eye.
- Not be contrary to public order or morality
What is Design?
A Design is the ornamental or visual part of an article. The design may consist of three- dimensional features such as the shape or configuration of an article or of two- dimensional features such as patterns lines or colour.
What are design registration rights?
Design rights are intellectual property rights that protect the visual design of objects; i.e. the visual perception of an object by a viewer. Design plays an important role in everyday life: influencing the shape or decoration of man-made products such as household utensils and ornaments, furniture, fabrics, the clothes we wear, the cars we drive; in each case, making them easier or more attractive to use. For a design to be protectable it must have particular characteristics:
Details Required for filing the design application in india
- Full name, address and nationality of applicant / applicants.
- Name of the article (title)
- Photographs / drawings of article showing different dimensional from all angles, six copies of each dimensional.
- List of countries to claim the priority, if any, where the application / applications for design has / have been filed, along with date and application number.