Design Reg. FAQs
What is a Design?
i) Aesthetic aspects or outward appearance that is applied to a product
ii)2 D like patterns, lines, composition, colour; or
iii)3 D like shape; or combination of both 2D & 3D
Why register a design?
i) Statutory right – accrues only on registration – territorial
ii) Right to prevent all other from producing, importing, selling or distributing products having an identical appearance or a fraudulent or obvious imitation
iii) Monopoly Period of 10 years extendable by 5
iv) Gives you a Unique Selling Point (USP)
v) Is an asset & can be licensed to others for royalty!
What is criteria for design registration?
i) Finished article appeals to and is judged solely by the eye
ii) New or original
iii) not prior published in any country and not publicly known in India
iv) is significantly distinguishable from known designs or combination of known designs
v) Not a technical or useful function of a product
Can stamps. Labels, tokens, cards be considered an article for the purpose of registration of Design?
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. [Design with respect to label was held not registrable, by an Order on civil original case No. 9-D of 1963, Punjab, High Court]. So, the Design as applied to an article should be integral with the article itself.
When does the Applicant for Registration of Design get the registration certificate?
When an application for registration of a Design is in order, it is accepted and registered and then a certificate of registration is issued to the applicant. However, a separate request should be made to the Controller for obtaining a certified copy of the certificate for legal proceeding with requisite fee.
What is the effect of registration of design?
The registration of a design confers upon the registered proprietor ‘Copyright’ in the design for the period of registration. ‘Copyright’ means the exclusive right to apply a design to the article belonging to the class in which it is registered
What is piracy of a Design?
Piracy of a design means the application of a design or its imitation to any article belonging to class of articles in which the design has been registered for the purpose of sale or importation of such articles without the written consent of the registered proprietor. Publishing such articles or exposing terms for sale with knowledge of the unauthorized application of the design to them also involves piracy of the design.
What is the penalty for the piracy of a registered Design?
If anyone contravenes the copyright in a design he is liable for every offence to pay a sum not exceeding Rs. 25,000/- to the registered proprietor subject to a maximum of Rs. 50,000/- recoverable as contract debt in respect of any one design. The registered proprietor may bring a suit for the recovery of the damages for any such contravention and for injunction against repetition of the same. Total sum recoverable shall not exceed Rs. 50,000/-as contract debt as stated in Section 22(2)(a). The suit for infringement, recovery of damage etc should not be filed in any court below the court of District Judge.
What is Government official fees?
If you are an individual / proprietor , Govt. charges Rs. 1000. Whereas for Pvt Ltd Co / LLP / Partnership Firm / Trust, Rs. 4000 is applicable as Govt Fees.
Do I get any exemption in Government Official fees?
Yes, for Pvt Ltd Co / LLP / Partnership Firm / HUF, you get 50 % exemption in Govt Fees if you are a small enterprise. (You and know more with regards to Small Enterprise in chat section or check here.)
Time taken for registration?
If no objection and/or opposition is raised certificate is issued in 9-12 months.
Does GETSETLEGAL help into design registration.
Yes, we do undertake design registration for novel designs.