TALK TO EXPERTS
Under Section 2 (d) of the Design Act, design has definition as any feature that has a texture, image, or configuration and can be made by any mechanical process, including mechanical, chemical, manual, separation, or combination. The design registration in Bangalore is also done under this act. Judged only by the finished article and with the eyes and it does not contain any construction technique or any unfair mechanical device and part of the trademark or artwork.
The nature of copyright protection in designs
Copyright has its mention in Section 11 of the Design Act when the design gets registration. Whenever a design gets registration, the inventor of such a design holds the copyright on it for ten years subject to other provisions of law.
Copyright on the design can have increase for five years if the tenure has extension to the controller within the prescribed tenure for the extension of the copyright period with the prescribed fees.
Key provisions of the Design Act, 2000
The main provisions of the Design Act are as follows:
- The scope of the definition of the term article, design and introduction of the original definition has been expanded.
- India is a member of the World Trade Organization’s Paris Convention and all signatories to the Convention are eligible for Privilege Rights.
- Prior to the 2002 Act, the classification made on the basis of the material used to make it, but later, following the 2002 Act, the Locarno taxonomy (an agreement that facilitates design registration and divides them into different classes based on their function) later adopted and classified based on the subject matter of the design.
- With the introduction of “absolute novelty”, it was possible to determine the novelty of any article based on prior publication.
- The new law facilitates the restoration of defective designs.
- The Act provides for the transfer of cases from the District Courts to the High Courts with jurisdiction. This option is only available in cases where the validity of any registration has been challenged by someone.
- It also mentions delegating the powers of controllers to other controllers and also providing for the legal duties of inspectors.
- The secret period of the two-year design had its cancellation.
- Under this Act, the amount of punishment in case of any violation of the registered design is also increased.
License
- The terms of the contract licenses also include scrutiny and regulation of anti-competitive practices to avoid certain prohibitive conditions.
- In the new law, there are laws that say about the substitution of the application before registering the design.
- Design registration in Bangalore should be considered when a new license needs to be brought into the public domain. Anyone can check it out by getting a certified copy of it.
- The new law provides for the maintenance of a register on a computer as a register of design.
- Appealing against the orders of the Comptroller is not to the Central Government, but to the High Court instead.
- The cancellation action shall take place before the Comptroller in place of the High Court and shall provide additional ground in the cancellation action.
Requirements for design registration
It needs to have registration to protect the work of the inventor of the design. For proper registration of the design, certain requirements must have consideration. The requirements for Design registration in Bangalore under the Design Act, 2000 are as follows: The design must be new or original, not previously published or in usage in any country prior to the date of application for registration. Innovation resides in the application of known shapes or patterns in a new subject matter.
Eligibility criteria
There are certain qualifications for Design registration in Bangalore, Maruthi seva nagar. They are:
It must be new and original
In this case the new and original means that the article was first built and was not known until then. Gameter v. In the case of the Comptroller of Patents and Designs, the Calcutta High Court should place the design claiming the novel side by side with the other design and then make a decision.
It should have the publish before
The design for which the registration had claimed should not have publish in advance. It should not have public access which means it should not be available to the public through registration or other means.
It should not be contrary to morality and order-
The design shall not be contrary to ethics and order or prohibited by the Government of India or any other body. A design capable of disturbing public order and peace as specified under Section 5 of the Act shall not have the record.
Advantages and disadvantages of the law
The advantages and disadvantages of the law are as follows-
Benefits of deign registration in Bangalore
- When one enters the design he protects it from infringement by another person.
- Design rights are available at low cost and its review is simple and fast, which helps companies to protect the designs of a wide variety of products. For example, toy makers are quick to protect variations of toys and other accessories.
- Design registration in Bangalore electronic city knows that copyright can protect companies’ code, but for the look, they are based on design rights. In this way, it protects its digital products.
- It also helps a lot for fast moving industries like fashion industry. The speed with which a solution to design rights infringement provided helps designers to protect their products in key markets.
Cons
- Most designs for registration are easily rejected if there is a minor procedural issue; but only a few due to important criteria.
- The protection provided by the design law is for a short period of 15 years; so companies choose to obtain a trademark or copyright depending on their article. This protects for a longer period of time.
- Unless otherwise specified for design rights in other countries they get copyright and restriction to the UK.
- He can also be protected if a person makes a specific design with only a slight modification to the original design.