Introduction: Would you like to promote your brand if your start-up or business has a unique, creative design for your product or article? Do you own a particular design with ian ndustrial application but do not know how to register it so that it can be used to its fullest extent? We will walk you through the exact steps required to register your design under the Design Act, 2000 in this article.
From May 11, 2001, the Design Act, 2000, and Designs Rules, 2001, govern the registration of Indian designs. In accordance with the Act, design registration protects the shape, pattern, ornamentation, and composition of lines or colors that appear on the articles. It is important to note that design registration status are designed to protect only the visual appeal of a design, not a mode of construction, a mere mechanical device, an artistic work covered by the Copyright Act, or a trademark covered by the Trademark Act.
Registration of Designs is Important
We often come across products and articles which are easily recognizable through their designs. Unique designs attract people’s attention and their primary method of recognizing the product is through its form, shape, or structure. Feature of design refers to a shape, pattern, configuration, ornament, or composition of colors or lines applied in a three-dimensional or two-dimensional form or in both, by means of any of the processes, whether manual, chemical, mechanical, separate or combined so that the finished article appeals to the eye or is judged solely on its appearance.
It is the uniqueness of an article that makes it stylish, appealing, and attractive, making it stand out in any industry and increasing the commercial value of that product or article, as well as its potential in any industry. In the Design Act, of 2000, industrial design protection promotes fair competition in the industry by encouraging creativity, originality, and novelty. This is why industrial design protection is so important. In addition to increasing a product’s marketability, registering a design makes it exclusive to the owner and makes it easier for consumers to identify the brand that owns it. An asset becomes a business asset when it is registered, so it can be used to pay liabilities or to sell on the market.
You can file a suit against the infringer for the loss of your sales and the damage to your goodwill if someone infringes on your design, which is the most important benefit and the main purpose of a registered design. The owner of a registered design has exclusive rights against unauthorized copying and imitation of the design by others. An owner can also license or sell a design if he is short on money or has a limited production capacity.
Under the Department of Industrial Policy and Promotion in the Ministry of Commerce and Industry, design registration applications should be filed with the Office of the Controller General of Patents, Designs, and Trademarks at Kolkata. Upon completion of the investigation, this office grants registrations if the application meets all the formal and substantive requirements.
Design Registration Requirements
According to the Design Act, 2000, a design must satisfy the following requirements in order to be registered and protected.
Attributes of novelty
In its most basic sense, novelty is newness, and a product’s design can only be registered if it has a novelty aspect.
Design must not have been previously published, and it must be original
By use or prior publication or any other means, the design should remain unique and should not be disclosed to the public anywhere in India or abroad.
An article is designed and applied
It is not possible to register a design without applying the design to the article itself.
Public order, morality, and national security should not be violated by design
Under Section 5 of the Design Act, 2000, a design can be registered if it is not prohibited by the Government or another authorized institution. Any design that is against public morality or against people’s sentiments cannot be registered.