Design registration functions as intellectual property protection which provides unique rights for product visual appearance ownership to its proprietor. The Designs Act of 2000 in India controls design registration which keeps original and unique visual appearances of industrial items protected.

What is Design?

A design represents the identifiable elements of shape, configuration, pattern, ornament and line or color composition which are applied on an article. A new and original design must become visibly apparent on the finished product.

Benefits of Design Registration

• Exclusive Rights : Under this rights category the designer can stop people from replicating or using their design without permission.

• Legal Protection : Offers legal redress against infringement.

• Market Competitiveness : Enhances brand value and uniqueness.

• Increases Business Revenue : Registered designs can be licensed or sold.

• Deters Imitation : Discourages competitors from copying unique designs.

Eligibility for Design Registration

• Be new and original.

• Not be previously published or used in India.

• Be distinguishable from known designs.

• Not include any functional feature or mechanical process.

• Not violate public morality or order.

Process of Design Registration in India

• Conducting a Design Search

1. A preliminary search ensures the design is unique and not already registered.

2. Available through the Indian Patent Office database.

• Preparing the Application

1. Details of the applicant (individual or company).

2. Representation of the design (drawings, images, or sketches).

3. An explanation of design uniqueness needs to be stated.

4. Class and subclass of the article according to Locarno Classification.

• Filing the Application

1. Applications can be filed online through the Indian Patent Office website or offline at the designated patent offices in Kolkata, Delhi, Mumbai, or Chennai.

2. Payment of prescribed fees.

• Examination Process

1. Formality check and verification by the Design Office.

2. If objections arise, a response must be filed within the stipulated time.

• Registration & Publication

1. After approval the design gets published within the Patent Office Journal.

2. The applicant receives a Certificate of Registration.

Validity & Renewal of Design Registration

• First validity : 10 years from date of registration.

• The validity extends for an initial period of 10 years before it can be renewed for a further 5 years.

• Failure to renew results in the lapse of protection.

Protection Against Infringement

• Any unauthorized individual acting upon a registered design creates infringement.

• Registered design owners have access to three main legal avenues which consist of injunctions together with damages and seizure of illegal products.

• A registered owner has the authority to take legal measures through the Designs Act 2000.

International Design Registration

• The Hague Agreement facilitates international design registration in multiple countries through a single application.

• India is not a member, but Indian applicants can apply through foreign offices that are part of the Hague system.

Difference Between Design, Trademark, Patent, and Copyright

Cost of Design Registration in India

• For Individuals & Startups: ₹1,000 (filing fee), ₹2,000 (renewal fee)

• For Companies & Large Entities: ₹4,000 (filing fee), ₹8,000 (renewal fee)

• Professional charges for legal assistance may vary.

Conclusion

Design registration is a crucial step for businesses and innovators seeking to protect their creative designs. It not only ensures exclusive rights but also adds value to products in competitive markets. Ensuring proper documentation, timely filing, and legal compliance can help businesses secure and enforce their design rights effectively.

Disclaimer

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