Design
Registration

Design Registration


Design registration safeguards an article created through a modern process against fraudulence. It offers lasting rights to use the design. Shapes, patterns, arrangements, or combinations of lines and colours on an article can be registered under the Design Act, 2000.

Importance of design registration:


It enhances the business value and expands the market for the product.

  • When a design is protected, the creator can claim against any replication or imitation, ensuring the design's uniqueness and exclusivity.
  • Designs safeguard the visual aspects of registered products/packaging, providing ample coverage for many companies reliant on copyright.
  • In cases of dispute, design registration serves as a reliable method to validate specific rights, aiding in proving the legitimacy of those rights.
  • Adding something unique or innovative to a product gives it a distinct character.

This uniqueness helps new products carve their niche among existing ones in the market.


Documents required for design registration


  • Authenticated copies of the original,
  • excerpts from disclaimers,
  • affidavits,
  • declarations, and
  • other public reports can be obtained upon payment of a fee.

Procedure for design registration

Stage 1: arrangement and documentation
In the first stage, details about the design's elaboration, color, distinctive features, and a power of attorney in Form 21 should be submitted.

Stage 2: application drafting
Based on the visual appearance, a written specification detailing the three-dimensional shape, object, material, equipment, or vehicle parts is essential. The application will be filed after drafting the design specification.

Stage 3: application recording
The application is filed online and needs authentication by the attorney on each page of the design specification. Upon successful submission, filing fees are paid, leading to the issuance of a confirmation.

Stage 4: assessment and reports
This phase involves addressing and rectifying any departmental queries raised by the design office. Once the department is satisfied, a certificate of design registration is issued.

Stage 5: gave an authentication
This final phase involves addressing and rectifying any departmental queries raised by the design division. If the department is satisfied, the design is issued a registration certificate valid for 60 years.

FAQ


According to the Designs Act, 2000, the term "article" refers to any item created, including materials, imitations, or parts that are partly artificial and partly natural. This also covers any section of an item that can be produced and sold separately.

The Designs Act aims to protect fresh and distinctive designs suitable for specific articles to be produced using modern methods or machinery. Sometimes, the choice of articles for use is influenced not only by their practical functionality but also by their appearance. Design Registration's key purpose is to ensure that the artist, manufacturer, or designer of an aesthetically pleasing design isn't unfairly deprived of their rightful recognition when others use it for their own products.

The candidate typically receives the registration endorsement for their design after it has been examined and approved by the design authority.

The registration of a design grants the registered owner the 'Copyright' for that design during the registration period. 'Copyright' refers to the exclusive right to use a design for the specific category it's registered under.

The date of registration, in case of urgency, is the actual application filing date. For design registrations with urgency, the registration date becomes the date of the initial application in the corresponding country.

The Register of Designs, maintained by The Patent Office in Kolkata, is a necessary legal document. It includes details like design number, class number, filing date (in this country), correspondence date (if any), Owner's name and address, and other relevant information affecting the ownership validity. It's open for public viewing upon payment of the specified fee, and a copy of the register can also be obtained on request with the prescribed charge.