Design Registration
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What is Design Registration?
The registration and protection of industrial designs in India is administered by the Designs Act, 2000 and corresponding Designs Rules , 2001 which came into force on 11th May 2001 repealing the earlier Act of 1911. The Design Rules, 2001 was further amended by Designs (Amendment) Rules 2008 and Designs (Amendment) Rules 2014. The last amendment in Designs Rules came in to force from 30th December, 2014, which incorporates a new category of applicant as small entity in addition to natural person and other than small entity. The industrial design recognizes the creation new and original features of new shape, configuration, surface pattern, ornamentation and composition of lines or colors applied to articles which in the finished state appeal to and are judged solely by the eye
What is the importance Of Design Registration?
Industrial design refers to the creation of new and authentic features, recognized by unique shapes, configurations, patterns, decorations, and combinations of lines or colors applied. A distinct design, in its completed form, appeals visually and is assessed positively by clients. The objectives of Design Registration include:
1. Establishing an efficient and user-friendly legal system for safeguarding Designs in India against misuse.
2. Encouraging and fostering creativity and originality in the field of design.
This process is a mandatory compliance with the Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement among the World Trade Organization (WTO) member nations. To ensure compliance and navigate the intricacies of design registration, businesses can seek assistance from professional utilities or services such as Taxvilla.
Documents Required for Design Registration
- A certified copy of the original or certified copies of extracts from disclaimers
- Declarations
- Affidavits and
- Other public documents can be made available on payment of a feeThe affidavits should contain a declaration of truth and verifiability and should be in paragraph form. The controller might regulate the costs involved in the design registration process according to the Fourth Schedule.
Process of Design Registration
- Documentation and Preparation
- Drafting of Design Specification
- Filing of Design Application
- Reply to examination report and objections