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Design Registration In India

Courtesy/By: Joanna Lisa Mathias | 2021-01-24 13:16     Views : 205

To protect the shape, features, patterns, or ornaments, design registration is done. Often, under design registration, intellectual property is protected. The design may consist of three-dimensional features, such as an article's shape or configuration, or two-dimensional features that include designs or ornaments. The words "pattern" and "ornament" speak of things embossed, engraved, or placed on an article to glamorize it. Things such as shape, configuration, pattern or ornament or composition of lines or color or mix used in an article are registered under the Design Act, 2000. To be registered, a design must satisfy a few conditions such as It must be new and original, the design must relate to the shape, configuration, pattern, or ornament characteristics applied to an item, the design must be applied through an industrial process to any item, and the design must be visible and should appear on the item. Design registration grants the creator, for a period of ten years, exclusive rights over the use of the design, which can be extended for a further period of five years. In the event of infringement, under the Design Act, the owner of a registered design may seek legal redress. An application for design registration, together with four specimen copies of the design, should be submitted. A statement of novelty, which refers to a statement of how the design is unique, should also be submitted. The design presented in the 'design representation' should be exactly similar to the design or exact copies of the design. The documents required for design registration are affidavits, declarations, other public documents that can be made available on payment of a fee, and a certified copy of the original or certified copies of extracts from disclaimers. 

The Office of the Controller General of Patents, Designs, and Trademarks is the administrative office responsible for the registration of the mechanical plan. For example, the official meaning of 'Design' means the highlights, form, configuration, pattern or color or a mix applied to any article by any mechanical procedure that appeals to the eye in the finished article. Any rule of development or any trademark, trademark, or creative work is excluded from this. The structure should be new or unique and should not have been distributed prior to the date of the registration application in any country. In the event that anyone contradicts the copyright in a design, a sum of Rs. 25,000/- to the registered proprietor subject to a limit of Rs. 50,000/- is payable as an agreement obligation in respect of any one plan for each offense. Any such negation and order against the redundancy of the equivalent may be brought by the registered owner for recovery of damages. As an agreement obligation as set out in Section 22(2) above, all total recoverable will not exceed Rs. 50,000/-. The suit for intrusion, damage recovery, and so on should not be recorded in any court below the District Judge's court.

 

 

This Article Does Not Intend To Hurt The Sentiments Of Any Individual Community, Sect, Or Religion Etcetera. This Article Is Based Purely On The Authors Personal Views And Opinions In The Exercise Of The Fundamental Right Guaranteed Under Article 19(1)(A) And Other Related Laws Being Force In India, For The Time Being. Further, despite all efforts that have been made to ensure the accuracy and correctness of the information published, White Code Legal and Tax shall not be responsible for any errors caused due to human error or otherwise.

Courtesy/By: Joanna Lisa Mathias | 2021-01-24 13:16