Design Means only the top features of shape, pattern or composition of line or color placed on any article in 2D or 3D format by manual or mechanical process which can be judged by eyes.
It does not include any Trade mark or artistic work (under copyright)
Proprietor from the new or original design Includes –
(1) Author of design
(2) Someone who can get the appearance done by one else and
(3) Someone who acquires design from the author.
Design Application-
The application form for design could be produced by individual that claims to become proprietor of latest or original design could be produced for the Controller. A charge card applicatoin is going to be created inside a prescribed format and will also be based on four copies of representation in the design and prescribed fee. This application might be sent by hands or by registered publish.
A charge card applicatoin shall condition the course that such design is going to be registered. The Designs Rules, 2001 prescribes classification that application might be preferred. On application, or no objection appears to Controller, which requires amendment inside an application, he may communicate this list of those objections for the applicant. A candidate shall remove/solve the objections within 6 several days. Under Sec 6, Design is registered for individuals or even the articles comprised in the particular class. Where design is registered for almost any one article coming under given only one classification, the application form for same design but also for almost every other article inside the same classification might be granted for the same applicant.
Say ‘Bottle’ and ‘bag’ comes beneath the same classification so when anybody has acquired design under ‘bottle’ he themselves will not be declined from obtaining the identical the thought of ‘bag’. The Controller either can grant or refuse the application form. On refusal, the person aggrieved can prefer an attract High Court. The Controller shall grant certificates of registration for the applicant and publish the actual fact of registration in the design. A register of designs is kept in the Patent Office, through which all how to go about a design is going to be became a member of. Such register is prima facie evidence of any fact regarding design.
Reciprocal Application:-
Anybody which has requested any design inside the Uk or any other convention country can claim the identical design in India. However, such claim is going to be made within 6 several days within the date of application inside the Uk or other convention countries.
Rejection: – The controller shall not register the appearance if:
- It isn’t new or original
- It has been printed in India or elsewhere in any format before the priority date useful of a candidate
- It isn’t significantly totally different from known design or their combination
- It’s scandalous or obscene matter.
Substitution: – Where before registration of design:
- One has requested registration connected having a design, and • One else claims the identical design as his design due to any agreement or assignment your Controller can turn to register such design within the claimant.
However, the appearance needs to be identified for the satisfaction in the Controller as well as the agreement or assignment will be also produced that claim in the claimant continues to be produced.
Restoration: – Where renewal fee is not compensated, the very best has lapsed which can be restored within 12 several weeks, within the date of expiry from the original period on payment from the fee. Application for restoration, as utilized by a candidate, is going to be printed by Controller.
Marking before Purchase:- Where design for articles is registered, a sign while using word “Registered” or “Regd.” is going to be affixed along with registration plate on such article before delivery for sale of those article.
