Design Registrationipindia 2

Designs Registration in India
WHAT IS A
•
DESIGN?
Aesthetic aspects or
outward appearance
that is applied to a
product
• 2 D like patterns,
lines, composition,
colour; or
• 3 D like shape; or
combination of both
2D & 3D
WHY REGISTER YOUR DESIGN? Criteria for Design Registration
– Finished article appeals to and is judged
solely by the eye
• Statutory right – accrues only on registration -
territorial
– New or original
• Right to prevent all other from
importing,
producing, selling or distributing products having – not prior published in any country and
an identical appearance or a fraudulent or not publicly known in India
obvious imitation
– is significantly distinguishable from
• Monopoly Period of 10 years extendable by 5 known designs or combination of known
designs
• Gives you a Unique Selling Point (USP)
– Not a technical or useful function of a
product
• Is an asset & can be licensed
THE DESIGNS ACT, 2000, [ No. 16 of 2000] Objectives of
An Act to consolidate and amend the The Designs Act, 2000
law relating to protection of designs
To make efficient and user friendly
legal system for protection of Design in
 It repealed The Designs Act ,1911 India.
To promote creativity
Published in the Gazette of India protection. and
(Extraordinary Part II – Section I) dated
12.05.2000 Compliance of TRIPs Agreements
Design is one of the categories of IPR where the design system focuses on the
aesthetic feature of an article derived from its visual appearance.
Relevant aspects are the shape, configuration, surface pattern, the colour or line
or a combination thereof as applied to an article which produces an aesthetic
impression on the sense of sight.
Consumer Pharmaceutical
Products Product
Textile & Jewellery

Criteria of Registrability
 Design should be new or original
 It should not be published in any country
 Not contrary to public order or morality
 Should not attract the provision of section 4 of Designs Act,2000
Prohibition of registration of certain designs
A design shall not be registered if the design:
(a) is not new or original; or
(b) has been disclosed to the public:
any where in India or in any other country by publication in tangible form
or by use
or in any other way prior to the filing date,
or where applicable, the priority date
of the application for registration; or
(c)is not significantly distinguishable from, known designs or combination
of known designs; or
(d) comprises or contains scandalous or obscene matter.
Designs incorporating official symbols or emblems, maps, buildings, stamps,

medals etc.
cannot be registered under The Designs Act, 2000
Example with a toothbrush
Shape & Configuration signify something solid
where an idea has been incorporated into the
article.
Contd.
Example with a toothbrush
Pattern or ornament or composition of colour /
lines relates to something two dimensional.
Contd.
Design of ‘set’ is registrable
Rule 2(e) of Design Rules 2001:
‘Set’ means a number of articles of

the same general character ordinarily
sold together or intended to be used
together ; all bearing the same design,
with or without modification not
sufficient to alter the character or
substantially to effect the identity
thereof.
FILING OF DESIGN APPLICATION
It can be filed in any of the Patent offices

WHO CAN FILE THE
APPLICATION FOR
Delhi
REGISTRATION OF DESIGN:
Receiving office
Kolkata
Mumbai  Any person –proprietor
Receiving and
Receiving office of a design
examination office
 Person includes:
Chennai  Individual
Receiving office
 Firm
 Partnership/ Corporate
Body
 Legal entity
Flow Chart of Design Application up to Acceptance
Numbering & Examination of
Filling of Dating of
Applications Applications
Applications
Noncompliance Communication No Objection
Abandoned of Objection (s) of Objection
(s)
Hearing if Compliance of
Refusal objection (s) is Re- Examination
Objection (s)
/are
contested
Appeal to Waiving /
High Court removal of Acceptance
Objection (s)
Notification in the
In case of allowance
Official Journal
of appeal
Issue of Certificate

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Design Registrationipindia 2

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Designs Registration in India

Textile & Jewellery

Designs incorporating official symbols or emblems, maps, buildings, stamps,

‘Set’ means a number of articles of

It can be filed in any of the Patent offices

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