The Designs Act, of 2000 provides for the registration and protection of designs in India. 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.WhatsApp
The Designs Act, 2000 provides for the registration and protection of designs in India. A design refers to the features of shape, configuration, pattern, ornament or composition of lines or colours applied to any article, whether in two-dimensional or three-dimensional form. Registration of a design under the Designs Act, 2000 provides the owner with exclusive rights to use the design for a period of 10 years from the date of registration. This can be further extended by another 5 years upon application to the Design Office.
The process of registration under the Designs Act, 2000 involves the following steps:
Who may apply?
Any person claiming to be the proprietor of a new or original design may apply for the registration of the design under the Act. The term "person" includes an individual, a partnership firm, a company, or any other entity recognized by law. Therefore, any individual or legal entity can apply for the registration of a design, provided they are the rightful owner of the design. However, it is important to note that in order to be eligible for registration, the design must be new or original, not previously published or disclosed to the public, and must not be contrary to public order or morality. Additionally, the design must not be identical or similar to any other design that has already been registered or published in India.
The documents required for registration of a Design are as under:
- : Form 1 in the prescribed format (as in Schedule-II of the Designs Rules)
- : Representations should be prepared as prescribed under Rule 12, 13 and 14 of The Designs Rules and should be submitted in duplicate.
- : Form-21(Power of authority/General Power of authority) in original (if filed through patent agent/advocates) (as in Schedule-II)
- : If the applicant files copy of General Power of authority (GPA), it should be endorsed with the design application number, with which the original GPA has been filed.
- : Form-24 in prescribed format (if small entity status is claimed) (as in Schedule-II)
- : It should be accompanied with evidence of registration under MSME Act, 2006 in case of Indian entities.
- : This should be accompanied with affidavit deposed by the applicant or authorised signatory as Rule 42 of Designs Rules in case of foreign entities.
- : Original Priority document under Rule 15 of The Designs Rules.
- : Authenticated English translated copy of the Priority document (if original priority document is other than English)
- : Assignment in original (if the applicant of priority application in convention country is different from Indian applicant).
Why approach LAWYASA?
- Expertise in Design Law: Lawyasa may have a team of experienced lawyers who specialize in design law and have extensive knowledge of the Design Act of 2000. We can provide expert guidance on design registration, protection, enforcement, and other legal matters specific to design rights.
- Design Registration: Lawyasa can assist you in navigating the design registration process, ensuring compliance with the requirements of the Design Act of 2000. We can help prepare and file design applications, including the necessary documentation, drawings, and specifications, maximizing the chances of successful registration.
- Design Portfolio Management: If you have multiple designs or an extensive design portfolio, Lawyasa can help manage and maintain your designs, ensuring their continued protection and enforcement. We can advise on strategies for design portfolio development, maintenance, and renewal.
- Design Infringement Analysis and Enforcement: In the event of design infringement, Lawyasa can provide services related to infringement analysis, cease and desist letters, negotiation, and litigation. We can help protect your design rights and take appropriate legal action against infringers, if necessary.
- Legal Advice and Counseling: Lawyasa can offer legal advice and counseling specific to design law, addressing your concerns and providing guidance on design-related matters. We can help you understand your rights as a design owner, provide opinions on design validity and infringement issues, and develop effective strategies for design protection.
- Commercialization and Licensing: Lawyasa may assist in commercializing your designs by providing guidance on licensing agreements, negotiating terms, and drafting contracts. We can help you monetize your designs and ensure proper protection of your rights during licensing arrangements.
How can LAWYASA assist?
- Design Registration: Lawyasa can help you register your designs with the Indian Design Office. This includes filling out the necessary forms, providing the required documents, and paying the application fee.
- Design Infringement: If someone is using your registered design without your permission or infringing on your design rights, Lawyasa can assist in taking legal action to protect your design rights. This may involve sending a cease and desist letter, filing a lawsuit, or negotiating a settlement.
- Design Licensing: Lawyasa can assist in drafting and negotiating licensing agreements for the use of your registered designs by others.
- Design Assignments: Lawyasa can assist in drafting and negotiating assignments of design ownership, which transfer ownership of the design from one party to another.
- Design Renewals: Lawyasa can assist in renewing your design registration when it is due for renewal.
Frequently Asked Questions
Q: Can a design be registered under the Designs Act, 2000 if it has already been published or disclosed to the public?
Q: Can a design be registered under the Designs Act, 2000 if it is not functional or useful?
Q: Can a design registration under the Designs Act, 2000 be challenged or cancelled by a third party?
Q: Can a design registration under the Designs Act, 2000 be renewed?
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