Design Registration in India
The registration and protection of industrial designs in India is administered by the Designs Act, 2000 and corresponding Designs Rules , 2001 which came into force on 11th May 2001 repealing the earlier Act of 1911. The Design Rules, 2001 was further amended by Designs (Amendment) Rules 2008 and Designs (Amendment) Rules 2014. The last amendment in Designs Rules came in to force from 30th December, 2014, which incorporates a new category of applicant as small entity in addition to natural person and other than small entity.
The industrial design recognizes the creation new and original features of new shape, configuration, surface pattern, ornamentation and composition of lines or colors applied to articles which in the finished state appeal to and are judged solely by the eye.
Why to Obtain Design Registration
The creators or owners of original work can always protect their work through copyright registration. It helps them against infringement.
With copyright registration, your creative work is gets promoted among mass in a single go. It can be easily used for publishing or for marketing in the mind of the customer.
Rights of the Owner
Rights over dissemination, translation, reproduction and adaptation of work have been fully assigned to the creator of work.
India allows or provides privilege to the work which copyrighted in many other countries and vice-versa. Copyright registration in India is accorded protection in many other countries.
Makes Work Known
People come to know about registered work easily and it is easily searchable on many platforms with the registered database.
Branding or Goodwill
As it is always said, branding plays an important role in promoting your work. So, Copyright registration can even help you to create a sense of goodwill and quality in the minds of your customer.
Documents Required For Design Registration
Procedure For Design Registration
Documentation and Preparation
With respect to the Design registration the first step is to prepare necessary documents for the purpose of filing it before the department. These documents are Design questionnaire, class and description of the work, colour photographs of design and Power of Attorney in Form-21.
Drafting of Design Specification
The Design is a three-dimensional shape of articles, goods, equipment or auto parts etc. based on the visual appearance it need to be drafted into a written specification which require experience and skill. After drafting design specification, it shall be filed.
Filing of Design Application
The Design application is filed online and need to be attested by the Attorney on each page of design specification. After successful submission, a payment of Rs. 1000/- as filing fees has to be deposited resulting issuance of acknowledgement.
Reply to examination report and objections
The final stage is to reply and redress any departmental objection raised by the Design department. If department is satisfied, then issued a certificate of registration of Design.
Departmental Objection Handling
The final stage is to reply and redress any departmental objection raised by the Design department. If department is satisfied then issued a certificate of registration of Design which is valid for a period of 60 years.
A Design registration certificate is issued by the Design Office after the objections, if any, are overcome to the satisfaction of the Design Office.