Design – FAQ’s

Design – FAQ’s

What is meant by ‘Design’ under the Designs Act, 2000?
A design refers to the features of shape, configuration, pattern, ornament, or composition of lines or colors applied to any article, whether in two-dimensional or three-dimensional form, by any industrial process. It should be judged solely by the eye and must be new and original.

What is meant by an article under the Designs Act, 2000?
An article refers to any object manufactured by an industrial process or means, including both handcrafted and mechanical production. It must be capable of being sold separately as a finished product and should have a distinct and attractive appearance.

What is the object of registration of Designs?
The purpose of registering a design is to provide legal protection to the visual appearance of an article and to prevent unauthorized copying or imitation. Registration grants exclusive rights to the owner for a specified period, encouraging innovation and creativity in industrial designs.

What are the essential requirements for the registration of a design under the Designs Act, 2000?
A design must be new and original, not previously published or disclosed in any country before the application date. It must be applicable to an article through an industrial process, have a visual appeal, and should not include any obscene or scandalous content.

Can stamps, labels, tokens, or cards be considered an article for the purpose of registration of Design?
No, these items are generally not considered articles under the Designs Act, 2000, as they are not manufactured as independent objects but are used as printed matter. However, if they are part of a product that has a unique shape or configuration, they may qualify.

When does the Applicant for Registration of Design get the registration certificate?
Once the application is examined and no objections are raised, the design is accepted and registered. The applicant then receives the registration certificate, usually within a few months of submission, depending on the workload of the patent office.

What is a Register of Designs?
The Register of Designs is maintained by the Controller General of Patents, Designs, and Trademarks. It contains details of all registered designs, including the proprietor’s name, design number, classification, and registration date.

What is the effect of registration of a design?
Registration grants the owner exclusive rights to use, sell, and license the design. It prevents others from copying or using the registered design without permission, thereby ensuring commercial advantage.

What is the duration of the registration of a design? Can it be extended?
The initial period of registration is ten years from the date of registration. It can be further extended by an additional five years upon payment of the prescribed renewal fee.

What is the date of registration?
The date of registration is the date on which the application is filed, provided it meets all legal requirements and is subsequently approved.

Is it possible to re-register a design in respect of which Copyright has expired?
No, once the copyright in a registered design has expired, it cannot be re-registered. The design enters the public domain and can be freely used by anyone.

How can one ascertain whether registration subsists in respect of any design?
A person can check the status of a registered design by inspecting the Register of Designs at the Design Office or through an official online portal, if available.

What is piracy of a Design?
Piracy of a design refers to the unauthorized copying, imitation, or application of a registered design to any article for commercial purposes without the owner’s consent.

What is the penalty for the piracy of a registered Design?
The penalty for design piracy includes a fine of up to Rs. 25,000 for each infringement. In case of repeated violations, legal action may be taken, leading to higher penalties or further consequences.

Is marking of an article compulsory in the cases of an article to which a registered design has been applied?
Although not mandatory, marking an article with the design registration number is advisable to inform the public and deter potential infringers.

Can the Registration of a Design be cancelled?
Yes, a registered design can be cancelled if a petition is filed by any interested party proving that the design lacks novelty, is not original, or was previously disclosed before the registration date.

Is it mandatory to make the article by industrial process or means before making an application for registration of design?
Yes, the design must be capable of being applied to an article through an industrial process before seeking registration.

Why is it important to file the application for registration of a design at the earliest possible?
Filing early helps secure exclusive rights and prevents others from registering a similar design. Since registration is granted on a first-to-file basis, delaying the application may result in the loss of rights.

Can the same applicant make an application for the same design again if the prior application has been abandoned?
Yes, if the previous application was abandoned due to non-compliance or failure to respond to objections, the applicant can file a fresh application.

How to get information on the registration of a design?
Information regarding registered designs can be obtained from the official Register of Designs maintained by the Design Office or through an online search if the facility is available.

Is it possible to transfer the right of ownership?
Yes, the ownership of a registered design can be transferred through assignment, license, or transmission, following legal procedures.

What is meant by priority claim?
A priority claim allows an applicant to claim an earlier filing date based on a previous foreign application, provided it is filed within six months under international agreements such as the Paris Convention.

How is it possible to restore a lapsed design due to non-payment of an extension fee within the prescribed time?
A lapsed design registration can be restored within one year from the date of lapse by submitting a restoration request along with the prescribed fee.

Can the name, address of the proprietor, or address for service be altered in the register of design?
Yes, changes in the proprietor’s name, address, or service address can be updated in the Register of Designs by filing a formal request with supporting documents.

Are the registered designs open for public inspection?
Yes, after registration, designs become publicly accessible and can be inspected at the Design Office.

Can the application for registration of design be filed by the applicant himself only or through a professional person?
An application can be filed either by the applicant directly or through a registered patent agent or legal representative.

How does a registration of design stop other people from exploiting it?
Registration grants exclusive rights to the owner, preventing unauthorized copying, manufacturing, or commercial use of the design. Legal action can be taken against infringers.

What are the important criteria for determining a “set of articles”?
A set of articles must be visually and functionally related, having a common design applied to them in a consistent manner.

What is an artistic work that is not subject to registration?
Artistic works such as paintings, sculptures, and drawings that are not applied to an article through an industrial process are protected under copyright law, not design law.

What is meant by classification of goods mentioned in the Third Schedule?
The Third Schedule provides a classification system for different types of goods to which designs may be applied, ensuring systematic registration and protection.

What is meant by Property mark as per the Indian Penal Code (Sec. 479)?
A property mark is a distinctive sign or mark applied to moveable property to identify ownership and prevent unauthorized use or falsification.