What are the important aspects in Indian Design Act 2000?

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Privy Counci

The important aspects in Indian Design Act 2000 are – Identification of non-registerable designs Introducing a classification system (Locarno classification) Elimination of secrecy period of two years for a registered design Provision of public inspection after notification Introduction of rights of registered proprietor of design Initial term of protection is 10 years followed by another… Read more »

Why is design registration important for business?

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Design registration is important for business for the following reasons – To protect any new/ original shape, configuration, surface pattern, combination of lines or colours and prevent the imitation of the innovator’s design and prevent the commercial exploitation of the innovator’s design by the third party without the proprietor’s consent To obtain bonafide reward by… Read more »

Is there a time period for submitting priority document in case of applications claiming priority from an earlier filed application?

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Yes, the priority document should be filed along with the application. However if not filed with the application it may be filed within three months along with prescribed fee from filing date in India. ‘Design’ means only the features of shape, configuration, pattern or ornament or composition of lines or colour or combination thereof applied… Read more »

Is it necessary to record a Design Assignment with the authorities?

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Design assignments must be registered with the authorities within six months of the date of execution or within an extended time period of six months. ‘Design’ means only the features of shape, configuration, pattern or ornament or composition of lines or colour or combination thereof applied to any article whether two dimensional or three dimensional… Read more »

What are civil remedies for design infringement?

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In case of infringement of a design, the proprietor may bring a suit against the infringer for recovery of damages, injunction to stop there use and seizure of infringing products. As per Section 2(d) of The Indian Design Act, 2000, “design” means the shape, configuration, pattern, ornament or composition of lines or colours applied to… Read more »

Are any criminal remedies available in case of Design registration infringement?

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No, there are no criminal remedies available in case of Design infringement. As per Section 2(d) of The Indian Design Act, 2000, “design” means the shape, configuration, pattern, ornament or composition of lines or colours applied to an article, whether in two or three dimensional, or in both forms by any industrial process or means,… Read more »

Can a design registration be restored?

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Yes, a Design registration can be restored within a year from its date of expiry. ‘Design’ means only the features of shape, configuration, pattern or ornament or composition of lines or colour or combination thereof applied to any article whether two dimensional or three dimensional or in both forms, by any industrial process or means,… Read more »

What is the approximate time from filing to registration?

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Generally, it takes 6-9 months from the filing to the issue of registration of design certificate. Generally, the examination is conducted within 3-4 months from the filing date of the design application. The applicant is required to comply with all the objections/requirements raised in the official action within the six months from the date of… Read more »

Can multiple images be included in a single application and if so how many?

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Multiple images of a design may be included in a single application provided said images relate to a single embodiment of the design in question as only different views of a single embodiment are allowable in an application. Separate applications are required to be filed for multiple or alternative embodiments, if any. ‘Design’ means only… Read more »