Design Registration
An Overview
Design registration is a type of intellectual property right governed by the Design Act, 2000 which helps to protect any newly created shape, configuration, patterns and composition of lines or colours applied to an article created under an industrial process from counterfeiting.
However, to get a design registered, it must fulfill some conditions. These conditions are as follows:
- It must be newly invented and original in nature
- The design should relate to features, configuration, shape, pattern or ornament applied to an article
- The design applied to any article must be by an industrial process
- The design must appear on the final product and must be visible;
- It should not deal with anything which is covered under the trademark, copyright or patent registration.
Eligibility Norms for Design Registration
- It should be new and original
- It should be close or near to any other existing design or a combination of known designs
- It should not be a mere mechanical contrivance
- It must not be in opposition to public order
One must unfailingly meet the eligibility norms.
Who can apply for Design Registration?
Any person stating to be the owner or proprietor of the new and original design which is not previously published anywhere and which is also not contrary to the public morality can apply for the registration of the same.
Further, any agent or design registration consultant may also apply for the registration on behalf of its owner.
Documents and Details Required for Design Registration
- Name of the Applicant along with its full address.
- Certified True Copy of the Power of Attorney (if any) given to the Agent duly signed by the proprietor, partner or one of the Directors of the Company
- Affidavits in paragraph form containing a declaration of its truthfulness and verifiability
- Documentary proof of priority required in the case if any previous registration or application for registration made
Information Required
- Applicant’s Name, Address, and nationality. In case the applicant is not a natural person than a documentary proof stating the legal status and the place of incorporation
- Name of the article to which the design is to be applied.
- A short & precise statement of the novelty that one lay claim to be his design
- Class or category of the article representing the design
- Applicants or applicants’ name(s), age, address (es), and nationality (ies) whether they are partners in a firm or Directors of the firm or company
- Name, address, designation, and nationality of the person who signs the General Power of Attorney
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