BACKGROUND
TO
DESIGNS LAW
IN
INDIA
Designs Law
Design refers to the features of shape, configuration, pattern, ornamentation or composition of lines or colours applied to any article, in two or three dimensional (or both) forms. The Design Registration in India is governed by The Designs Act, 2000 and The Designs Rules, 2001. The Rules were last amended in the year 2008.
Registration
of a
Design
Any person claiming to be the proprietor of any new or original design, not previously published in any country and which is not contrary to public order or morality, may apply for the registration of the same. A Design is registered as of the date of making the application for registration of that design and the registration is valid for 10 years and may be renewed for a further period of 5 years.
Benefits of Design Registration
The registration of a design confers upon the registered proprietor the exclusive right to apply a design to the article in the class in which the design has been registered. A registered proprietor of the design is entitled to sound protection of his intellectual property. He can sue for infringement. He can license or sell his design as legal property for a consideration or royalty.
What does not constitute as a Design?
A design needs to be be new or original.
A design should be significantly distinguishable from a known design or a combination of known designs and should not comprise or contain scandalous or obscene matter. A design cannot be a mere mechanical device and contrary to the public order. A design excludes a trademark or property mark or artistic work.
Our Designs Services (India and International)
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Design Searches
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Design Applications
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Convention Design Filing in other countries
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Design prosecution
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Journal watch services
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Post Registration Services
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Renewals
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Design Assignment and Licensing
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Portfolio Management
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Design Hearings
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Renewal services
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Due Diligence
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Design Cancellation
REGISTER YOUR DESIGN TODAY!
