A design is a feature of shape, configuration, pattern, ornament, or composition of lines and colors applied to an article, regardless of whether it is two-dimensional or three-dimensional.
Design, according to the Design Act 2000, means only the shape, configuration, pattern, ornament, or composition of lines and colors applied to any article, whether in two-dimensional or three-dimensional form, or both, either separately or combined, by any industrial process or means which appeal to and are judged solely by the eye in the completed article; however, it does not include any method or principle of construction or any device that is merely mechanical in nature, nor does it relate to any trademark or property mark.
Specifically, the Controller of Designs is the Controller General of Patents, Designs, and Trade Marks appointed under section 4(1) of the Trade and Merchandise Marks Act, 1958.
The design shall not be registered if (a) it is not original or new, or (b) it has been published in tangible form or used in any way or otherwise disclosed to the public in India or any other country before the filing date, or where applicable, the priority date of the registration application; or (c) it cannot be distinguished from known design registration fees in india or combination of known designs, or (d) it contains scandalous or obscene matter.
Applicant’s full name, address, and line of business.
- Copies of the legal entity’s registration certificate have been certified and legalized.
- Detailed information about the designer including his or her address.
- This is the class of the Design.
- Certified copy of priority document if claiming priority.
- If the design is two-dimensional, make five copies – five sketches from each side.
- Here is a short description of how the design looks from the outside
Frequently asked questions (FAQs)
How does the Designs Act, of 2000 define design?
In Section 2(d) of the Designs Act, 2000, “design” refers to only the features of shape, pattern, ornament, arrangement, or composition of colors or lines. It is applied to an article. It can take a two-dimensional (2D), three-dimensional (3D) form or both forms. Any industrial process can apply it.
2. Is there a document requirement for Design Registration in India?
- An Applicant’s declaration that the Design belongs solely to him or her.
- Forms of affidavits
- Authenticated copy of the original design
- Publications other than these
3. What is the process of registering a design?
- Fill out the Form 1 application
- Examining the application
- A design can be registered
- Design the registered trademark and publish it
4. Do India’s design registrations take a long time?
Copyright is granted to a registered design for ten years after registration.
5. Why is design registration piracy a problem?
A violation of Section 22 is where any person applies the design to an article of the same class for commercial use without the authorization of the Registered Person. This is called Privacy of Design Registration.
6. How does the Privacy of Design Registration penalty work?
It is a contract debt that if any person violates the copyright in the Design, he will have to pay a penalty of Rs. 25,000 to the Registered Proprietor.
7. Does design registration have what benefits?
- Utilize and commercialize
- Make sure the design is not copied
- Contributes to the production of
- Playing monopoly
- Create a creative environment