What are the designs not registrable under the Act?

Posted On & filed under .

These are the designs not registrable under the Act – Which is not new or original. Which has been disclosed to the public any where in India or in any other country by publication in tangible form or by use in any other way prior to the filing date, or where applicable, the priority date of… Read more »

What is meant by priority claim?

Posted On & filed under .

India is one of the countries party to the Paris Convention so the provisions for the right of priority are applicable. On the basis of a regular first application filed in one of the contracting state, the applicant may within the six months apply for protection in other contracting states, latter application will be regarded… Read more »

What is an artistic work which are not subject matter of registration?

Posted On & filed under .

An artistic work as defined under Section 2(c) of the Copyright Act, 1957 is not a subject matter for registration which reads as follows: “Artistic works” means –  A painting, a sculpture, a drawing (including a diagram, map, chart or plan) on engraving or a photograph, whether or not such work possesses artistic quality. An… Read more »

What is meant by classification of goods mentioned in the Third Schedule?

Posted On & filed under .

In the third Schedule of Design Rules, 2001 the classification of goods has been mentioned. The classification is based on Locarno Agreement. Only one class number is to be mentioned in one particular application. It is mandatory under the Rules. This classification has been made on the basis of Articles on which the design is… Read more »

What is meant by Property mark as per the Indian Penal Code?

Posted On & filed under .

A mark used for denoting that movable property belongs to a particular person is called a property mark. It means that marking any movable property or goods, or any case, package or receptacle containing goods; or using any case, package or receptacle, with any mark thereon. Practical example: The mark used by the Indian Railway… Read more »

What are the remedies provided against an infringement?

Posted On & filed under .

The Indian law provides both Civil and Criminal remedies against infringement of design. “Design” means only the features of shape, configuration, pattern, ornament or composition of lines or colours applied to any article whether in two dimensional or three dimensional or in both forms, by any industrial process or means, whether manual, mechanical or chen-iical,… Read more »

What constitutes piracy of Design?

Posted On & filed under .

Constitutes piracy of Design – The following acts made without the consent of the design owner are considered to be piracy of design – For the purpose of sale, to apply or cause to be applied to any article in any class of articles in which the design is registered, the design or any fraudulent… Read more »

What is the term of protection for Design in India?

Posted On & filed under .

Once registered, the design is accorded protection initially for 10 years from the date of registration, but in case where a claim to priority has been allowed the duration of 10 years starts from the priority date. The initial period of registration may be further extended for 5 years on an application made to the… Read more »

What Design doesn’t qualify for the protection in India?

Posted On & filed under .

A design which is not new or original; or has been disclosed to the public anywhere in India or in any other country by publication; or by use before filing of application for registration; or a design which is not significantly distinguishable from known design, or contains scandalous or obscene matter. “Design” means only the… Read more »

How long does it take to get Design registration in India?

Posted On & filed under .

Post filing the application, the registration of mark may take up to 6-12 months in case there is no discrepancy in the application or there is no objection filed against the design. Design means only the features of shape, configuration, pattern, ornament or composition of lines or colours applied to any article whether in two… Read more »