An innovative design has the capacity to revolutionize the sector. For decades, the simplest of designs have met the basic needs of consumers with their inherent efficiency and uniqueness. The ball-point pen, bendy straw, and anglepoise lamp are seldom known famous designs that may have skipped one's attention, but not their requirements, to name a few. Novel features such as shapes, configuration, color combination, surface ornamentation, line composition, or patterns of an article are protected by design rights, whether in two-dimensional or three-dimensional or in both shapes, which provide an aesthetic element rather than a functional quality. The filing, prosecution, and registration of an industrial design in India are governed by the Designs Act, 2000 ('Act'), together with its corresponding Designs Rules, 2001 ('Act'). Novel features such as shapes, configuration, a combination of colors, surface ornamentation, the composition of lines or patterns of an item are protected by design rights, whether in two-dimensional or three-dimensional shapes or both, which provide an aesthetic element rather than a functional quality. The Designs Act, 2000 ('Act'), together with its corresponding Designs Rules, 2001 ('Act'), governs the filing, prosecution, and registration of an industrial design in India. The scope of the protection provided for in the Act excludes:
Any person (natural or legal) claiming to be the owner of any new or original design may apply for such a design to be registered.
Once a design meets the statutory requirements, it is registered and the design owner acquires copyright in respect of that design lasting for a period of 10 years from the date of registration (in cases where the priority claim has been granted, the duration shall be 10 years from the priority date), which shall be further extended to an additional period of 5 years upon request made within the scope of that protection. Except in the case of priority, the date of registration is the actual date of the filing of the application. In the case of prioritized design registration, the date of registration in the reciprocal country shall be the date of submission of the application.
It is the duty of the registered design owner to affix the prescribed mark or words or figures which expressly denote that such a design has been registered with the Controller to the item(s) on which the registered design was applied. A failure to do so relinquishes the right in the future to file a claim for infringement and damages. In such a situation, the registered owner must demonstrate evidence beyond a reasonable doubt that all steps necessary to mark the article have been taken; or Infringement occurred upon knowledge of the existence of copyright.
One of the signatory countries to the Paris Convention in India. The provisions for the right of priority are therefore applicable. On the basis of a regular application initially lodged in any of the contracting states, the applicant may apply for design protection in other contracting states within a period not exceeding six months (from the date of filing of the first application in India). The latter request will be treated as if it were filed on the same day as the first request.
Designs play a crucial role in visually distinguishing one's products from their rivals and protecting one's designs is relevant to reaching an edge in the industry with the rise of competition in the industry. The visual appeal criterion for a design leaves an impression in the mind of the consumer and associates with the owner alone over time. In order to promote innovation and creativity in sync with the global industrial and technological sector, the Designs Act, 2000, was formulated. With its streamlined application process and period changes, the niche and comprehensive framework ensure that owners/owners are granted statutory rights, in line with international treaties and agreements such as the 2014 amendment to the Design Rules, which, in addition to the natural person, brings 'small entity' as a new category of applicant.
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.
