A design owner can file for a registration either directly or through an attorney. For those outside India who do not have a principal office in India, the application for registration has to be filed through an attorney in India. European SMEs can contact the EBTC IPR Helpdesk for assistance on protecting their design in… Read more »
Any person claiming to be the proprietor of any new or original design can apply for the registration 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… Read more »
No. Because once the alleged design i.e., ornamentation is removed only a piece of paper, metal or like material remains and the article referred ceases to exist. Article must have its existence independent of the designs applied to it. So, the design as applied to an article should be integral with the article itself. ‘Design’… Read more »
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, whether manual, mechanical or chemical, separate or combined. “Design” means only the… Read more »
Design is the ornamental value which appeals to the eyes of the user. The article to qualify for design protection must be related only to the appearance of the goods and not to the functions of the product. In other words, under Designs Act, only the aesthetic appeal of the product is protected and not… Read more »
The Copyright is an inherent right which comes into existence along with the work under protection. Whereas, design is a statutory right granted by state to the author or owner of the Design. In cases where the work was to be protected under Designs Act and has not been done so, the automatic protection of… Read more »
Yes to avail protection under the Designs Act, the article should be registered under Designs Act. Otherwise, the automatic protection of copyright will cease after 50 industrial reproductions.
The following designs are not registrable according to designs act; A design which is not novel or original; The design which is anticipated by prior use or publication; A design which is not significantly distinguishable from known designs or combination of known designs; Comprises scandalous or obscene matter;
The term of design is 15 years, subject to the design being renewed after 10 years. The renewal is for another 5 years making the total duration up to 15 years.
The remedies available under the Designs Act are compensation payable which shall not exceed Rs. 50000/- (Rs. Fifty Thousand only). Apart from the compensation we can also pray for injunction.
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