is a Design under the Designs Act, 2000?
A. 'Design' means the features of shape,
configuration, pattern, ornament or composition of lines or colors applied to any
article whether in two dimensional or three dimensional or in both forms, by any
industrial process or means, whether manual, mechanical or chemical, separate or
are the benefits of Design registration?
A. The registration of a design confers
upon the registered proprietor the exclusive right to apply a design to the article
in the class in which the design has been registered.
proprietor of the design is entitled to a protection of his intellectual property.
He can sue for infringement, if his right is infringed by any person.
He can license
or sell his design as legal property for a consideration or royalty.
is the term of a registered design?
Registration initially confers
the right for ten years from the date of registration. It is renewable for a further
period of five years.
If the fee
for extension is not paid for the further period of registration within the period
of initial registration, this right will cease. There is provision for the restoration
of a lapsed design if the application for restoration is filed within one year from
the date of cessation in the prescribed manner.
designs are not eligible for registration?
The designs falling under the
following category are not eligible for registration;
Not new or
to the public anywhere in India or in any other country by publication or by use
or in any other way prior to the date of filing;
distinguishable from known designs or combination of known designs;
or contains scandalous or obscene matter.
this any article falling in the following categories are also not registrable under
the Designs Act;
Book jackets, calendars, certificates, forms and documents;
patterns, greeting cards, leaflets, maps and plan cards;
stamps and medals;
cards and cartoons.
criterion for selection is that the article should exist by itself independent of
the design applied on it. The aforementioned articles are therefore included in
the non-eligible list as once the designs on these items are removed only a blank
paper or cloth or the like remains.
artistic works are not subject matter of registration?
A. An artistic work as defined under
Section 2(c) of the Copyright Act, 1957 is not a subject matter for registration
which reads as follows:
works" means: -
a sculpture, a drawing (including a diagram, map, chart or plan) on engraving or
a photograph, whether or not such work possesses artistic quality.
A work of
work of artistic craftsmanship.
can apply for a design?
A. An application for design registration
can be filed by any person claiming to be the proprietor of any new or original
or his assignee either alone or jointly with any other person or through a legal
representative can also apply for design.
applicants who are not residents of India applications are to be filed through an
agent residing in India.
and how to apply for design registration?
A. An application for registration
of design can be filed at any of the four Patent Offices located at Delhi, Mumbai,
Chennai or Kolkata. However, the Designs Wing of the Patent office at Kolkata is
the head office for handling the design applications and the other three offices
also transmit such applications to Kolkata for further processing and prosecution.
person may apply for a design registration by filing an application on the prescribed
format (Form 1) along with the prescribed fee. Representations of the article are
also required to be submitted along with the requisite form.
filing facility would be introduced shortly facilitating faster processing of the
is the fees for the registration of a design?
A. The fees to be paid along with the
application for design registration, is Rs.1000 and the fees for renewal is Rs.2000.
long does it take for a design to be registered and when does one get the registration
It takes a turnaround time of
about 3-6 months for a design to be registered with the Patent Office. Once the
application is accepted and registered a certificate of registration is issued to
application is published in the Journal only after its registration.
is the right time for applying for a design registration?
One should file the application
as close as possible to the date of creation of the design and before it is made
public either by use or publication, so that the design remains new at the time
of such application.
Q. 11 What
acts destroy the novelty of a design?
A. Prior publication or display or/and
prior use of the design are the actions that would destroy the novelty of the design.
is the general procedure for registering a design?
After an application
is made with the Indian Patent Office, an examination report may be issued.
Within a stipulated time period i.e., within six months from the date of filing
of the design application a reply is required to be filed in response to the objections
raised in the examination report.
may be accepted or rejected by the Controller. If rejected, an opportunity of amending
the application or submitting further replies is provided.
Once the objections
are complied with, the application is accepted and a certificate of registration
is issued. The registration is valid for a period of 10 years and can be renewed
for another term of 5 years.
constitutes piracy of registered design?
During the existence of copyright
in any design it shall not be lawful for any person, without the consent of the
for the purpose
of sale to apply or cause to be applied, to any article in any class of articles
in which the design is registered, the design or any fraudulent or obvious imitation
thereof, or to do anything with a view to enable the design to be so applied;
such article for the purposes of sale.
or expose or cause to be published or exposed for sale, the said article.
happens if someone makes copies of the registered design? What is the penalty for
The proprietor of the registered
design can file a suit for infringement against the infringer and claim damages.
If any person
commits piracy of a registered design, as defined in Section 22, he shall be liable
to pay a sum not exceeding Rs.25,000 recoverable as a contract debt, provided that
the total sum recoverable in respect of any one design shall not exceed Rs.50,000.
the same applicant make an application for the same design again, if the prior application
has been abandoned?
A. Yes, the same applicant can apply
again since no publication of the abandoned application is made by the Patent Office,
provided the applicant does not publish the said design in the meanwhile.
the registered designs open for public inspection?
A. Yes, registered designs are open
for public inspection only after publication in the official gazette on payment
of prescribed fee of Rs. 500/- on a request made on Form 5.
is Hague Agreement?
A. Like any other Intellectual Property
Rights, Industrial Design protection is limited to the country in which protection
is granted. The Hague Agreement aims at providing a mechanism for securing
protection of an industrial design in all the designated member countries by filing
a single international application.
India is not
yet a member of the Hague Agreement.
are goods classified under the Designs Act, 2000?
A. The Indian design classification
system is derived from the International classification of Industrial designs, known
as Locarno classification.
a list of
classes and subclasses;
list of goods in which industrial designs are incorporated, with an indication of
the classes and subclasses into which they fall;
and the subclasses are denoted based on the functional characters of the article.
If the article relates to "chair' or sofa-cum- bed', the name should
be provided accordingly and should be classified under Class 06 and sub-class
-01 where it is stated as BEDS AND SEATS since it is classified in function\purpose
Click here for the complete list from WIPO's website:
is the register of designs?
The register of designs is a
document maintained by the Patent Office, Kolkata as a statutory requirement.
the design number, date of filing, name and address of proprietor and such other
matters that would affect the validity of proprietorship of the design.
to retrieve information of a design application from the Indian Patent Office (IPO)
A. One can obtain the status of a design
application from the Indian Patent Office website by entering the six-digit design
application number in the space provided. The current status of the application
would be displayed.