Design Registration in India
A design application is accepted for registration in India when all the shortcomings raised in the Examination Report have been rectified. If accepted the Patent Office issues the design registration certificate and thereafter it is duly notified in the Patent Office’s journal.
In case the objections are not rectified, a personal hearing is provided to the applicant. After hearing the controller decides whether the design application should be accepted or not.
Time Taken for Design registration in India
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 the applicant.
The Design application is published in the Journal only after its registration.
RENEWAL OF DESIGN IN INDIA
On issuance of registration certificate for a design, initially the term of registration of a Design is ten years from the date of registration. In a case where priority is claimed with respect to a Design, the term is ten years from the priority date.
The term of Design can be extended further for a period of five years on an application made in prescribed form by paying prescribed fee to the Controller before the expiry of the initial period of Copyright.
Further, if a registered design is lapsed due to non-payment of extension fee, then an application for restoration of lapsed Design is required to be submitted to the Controller alongwith prescribed form and fee, within one year from the date on which design is lapsed.
Design Registration Benefits in India
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.
A 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.
The Design Act, 2020 can be accessed here.
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