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Designs: Definition and Meaning
A design is anything that has been added to an article, not the article itself. It must be supplied to the manufacturer as finished items. It is inseparable from an article. Shape, pattern, configuration, and decoration are aspects significant to industrial or product designs. Pattern and ornament are ornamental elements applied to the surface of the product, whereas shape and configuration relate to the form of an article and are typically three-dimensional in nature.
Meaning of Designs
Design, which includes architectural blueprints, engineering drawings, business procedures, circuit diagrams, and stitching patterns, is the establishment of a pattern or convention for the production of an item, system, or quantifiable human interaction. Design has many implications in various industries (see design disciplines below). In certain instances, design thinking is also seen as being used in the direct building of an item (such as in pottery, engineering, management, coding, and graphic design).
Essentials of Design Registration
The designs must have never been utilized or published before the design registration date or application date in any nation. Therefore, the designs must be unique and modern.
The features that are displayed through forms, sizes, compositions, or patterns that are appropriate to the entity are at the heart of the designs.
The requirement does not apply to creative works, trademarks, or other property works.
Your design must differ significantly from other designs that have previously been registered. If the designs are identical in appearance or share comparable elements, even slightly, they will not be eligible for registration.
Who Can Apply?
Anyone, their legal representative, or the assignee may register a single application or jointly applications for the registration of a design. A "person" might be a company, a partnership, a tiny business, or a body corporate. The application may be submitted via an agent; in this instance, a power of attorney must be submitted.
Design registration aids in preventing copying of the designs. The term "counterfeiting" refers to the act of copying or imitating something with the purpose of stealing or destroying the original. By adhering to the Designs Act, 2000 at the Office of the Controller General of Patents, Designs, and Trademarks, it safeguards the aims.
The main objective of registering a design is to grant the holder of the design the only right to exploit it and utilize it going forward for commercial endeavors. The registrar takes into account a number of factors while granting a design's registration; it is not guaranteed by just filing an application.
Procedure for Registration of Design
Following are the procedures that need to be followed for the registration of design:
Filling of Application: The application must be submitted in Form 1 and be accompanied by the applicant's name and address in writing.
Nationality of the Applicant: If the Applicant is not a Natural Person, such as a Company, information such as the Place of Incorporation and the Entity's Legal Status must be Included, along with the Applicable Fee.
The Locarno Classification classes and subclasses for the item that represent the design.
It pertains to the name of the entity for the design.
Two copies of the design, if the design has two dimensions, must be supplied.
Two copies of the design from the perspectives of the front, rear, top, bottom, and both sides must be supplied if the design has a three-dimensional dimension.
The distinct qualities of the item that set it apart from other existing objects should be highlighted in the application.
If more than one class is requested to be registered for, a separate application should be submitted for each class.
For mechanically processed trademarks, numerals, letters, and other symbols, a statement of disclaimer or uniqueness must be included. Each representation must have the applicant's or the applicant's authorised representative's full signature, endorsement, and date.
After receiving the application from the applicant, the patent office will review it and, if necessary, raise any objections. The patent office should award a copyright certificate to the design when all objections have been resolved.
Validity of the Design Registration
Design registrations are valid for 10 years after the date of registration.
Prior to the first 10 years of registration expiring, the tenure of registration could be extended by an additional five years by completing an application on Form 3 and paying a cost of Rs. 2000.
A design is only protected if it is brand-new and unique. A design is a characteristic of shape that draws the eye and should only be evaluated by the eye, not by any functional factors. The design must be both fresh and original, as well as unpublished, in order to be registered. The protection provided by the law fosters innovation and works to safeguard both consumers' and manufacturers' interests. Industrial design is a type of intellectual property that exclusively protects an object's outward look.
Q1. What is the object of registration of designs?
Ans. The Designs Act's goal is to protect newly generated or unique designs that are intended to be used or relevant to a specific object that will be produced using an industrial process or methods. Sometimes the look of an item may have just as much of an impact on its purchase as its practical effectiveness. The main goal of design registration is to ensure that the craftsman, inventor, or originator of a design with an appealing appearance does not forfeit his rightful compensation as a result of others using it on their products.
Q2. What is a Register of Designs?
Ans. The Patent Office in Kolkata is required by law to keep a record called The Register of Designs. It comprises the design number, class number, date of filing (in this country) and reciprocity date (if any), owner's name and address, and other information that might impact the validity of the owner's claim to the design. It is available for public access upon payment of the specified fee, and an extract from the register may be requested with payment of the prescribed charge.
Q3. How one can ascertain whether registration subsist in respect of any design?
Ans. A request must be filed to the Patent Office in Kolkata to determine when registration exists for a design. Requests should be submitted on Form 6 if the Design number is known, otherwise, Form 7 along with the required fees should be used. Such requests have to be limited to information on a particular design.
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