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Design registration in India has governance by the provisions of the Designs Act, 2000 and the Designs Rules, 2008 (as amended); in which aesthetic elements of products can have registration as industrial design in India. In use, such aesthetic elements cover the external forms of the article to which the design patent must be filed. Industrial design registration in India for innovative designs of products protects marketing-related intellectual property rights (IPR) and further prevents infringement of design patents in India.
Requirements for design registration in India
According to the sections of the Indian Designs Act, in accordance with the registration requirements, the industrial design should be significantly differentiated from the known designs or a combination of known designs and the design should not contain slander or obscene material. In addition, the design is not just a mechanical conflict and the design should apply to an article as well as appeal to the eye. Also, the design should not be contrary to public order or ethics and the design should not be biased towards Indian security.
Importance of design registration in India
Design registration in India is a legal right and when enforcing design rights by owners who have registration in designs in India, design registration is done only on the territorial nature and design registration in India. Consequently, after design registration, the design owner acquires the right to prevent others from producing, importing, selling or distributing infringing products. For the purposes of determining infringement of design patents, infringing products may contain identical or fraudulent or explicit restrictions on articles protected by registered designs in India.
Advantage of filing design registration application in India
There are multiple benefits of registering and filing industrial design applications in India, for example, an owner who has exclusive rights over an industrial design application in India and an owner who has acquired the rights to claim a design patent. Violation if necessary. In addition, upon completion of the filing and registration process, the Indian Patent Office issues a Design Registration Certificate and Industrial Design becomes an intellectual property so that the owner of a registered industrial design can sell the registered design, as well as patents, trademarks and other intellectual property rights. Consequently, since design patents or industrial models are related to marketing related intellectual property rights, once the registration process is complete, the popularity of registered industrial design will help in promoting the popularity of the business entity that owns the registered designs in India.
Validity of design registration
The validity of the design registration is initially up to ten years, after which it must be renewed. To retain the rights, the design must have renewal, extending the period to five years. The fee for the extension is very important, and the rights will be in termination if you fail to pay the fee during the renewal period. However, you still have the opportunity to renew your design if you file a renewal fee within one year from the date of retirement.
Design registration cancellation
The owner of the registered design can cancel at any time after registration on Form-8 with the required fee. Reasons for de-registration are as follows:
Design previously recorded or
It was published in India or elsewhere before the registration date
The design is neither new nor original
The design is not recorded
Work flow for the design registration
Firstly the application filed, then the examination report issued, then the user can obtain the reply to office action or hearing goes on. If the response has the acceptance, then the certificate of registration granted and the term will be one year. The design registration can have renewal. If the response is not in acceptance, then the application will have amendment for the further reply. It can have acceptance further or it can be abandoned as well.
Industrial Design
Industrial design is an important and vital intellectual property of industries, companies and other organizations . Without proper and precise design, reputable and profitable business in these professions is simply impossible. Therefore, in this article, we provide exclusive content on industrial designs, design registrations in India and abroad and our expert and financial design registration services. Our full-service and well-established law firm in India is expanding services to all legal entities in India. Inevitably covering intellectual property law and rights.
Points to consider while registering the industrial design
- Important points to keep in mind before applying for registration of Industrial Design Application in India:
- The Industrial design novel, must be original and would not in use before.
- An Industrial design should not have disclosure to the public before the priority date in India or any other country.
- Industrial design should have relation to the article and its functionality.
- Also the Industrial design must have artistic value.
- And the Industrial design must be significantly have differentiation from known designs or from known design combinations.
Value for a design that a company has
Design as a marketing feature.
The reason for including a design in a specific product is to draw the consumer’s attention to the product; that needs to be commercialized. This is an ideal feature of the design to increase the attractiveness of the applied product.
Design business property:
Like any other industrial or intellectual property right, a
Industrial design is part of the firm’s fixed assets. The greater the commercial success of the design, the greater its financial value to the company.
Industrial design exclusive right:
(Registered designs offer greater protection and greater benefits than unregistered designs); As with all industrial property rights, a design can have the assign, license, mortgage or transfer. Undoubtedly, a certain level of popularity in the market represents a profitable business for the design holder.
Design as an element that enhances the competitiveness of the organization:
Products can have differentiation for technical features that make them more or less useful to the customer. When the practical use of a commonly used product cannot be significantly have differentiation from another product that performs similarly. The customer relies on his / her decision based on the product design. That is, he / she decides to buy the most attractive, original, product that, has a good design.
