DESIGN FAQ
What is meant by ‘Design’ under the Designs Act, 2000?
Design refers to the distinctive features of shape, configuration, pattern, ornamentation, or the arrangement of lines and colors, or their combinations, applied to any article. This can be in two-dimensional, three-dimensional, or both forms, and can be created through any industrial process or technique, whether manual, mechanical, chemical, or a combination of these. The design is judged based solely on its visual appeal in the final product.
What is the object of registration of Designs?
Object of the Designs Act is to protect new or original designs so created to be applied or applicable to particular article to be manufactured by Industrial Process or means. Sometimes purchase of articles for use is influenced not only by their practical efficiency but also by their appearance. The important purpose of design Registration is to see that the artisan, creator, originator of a design having aesthetic look is not deprived of his bonafide reward by others applying it to their goods.
FAQ
What is protectable under Indian Design Act?
What types of representations are required for filing a design application?
What is the date of the Design registration?
Who can apply for design registration in India?
What benefits does design registration offer?
What is the design registration process in India?
Can a registration be restored?
Yes, the priority document should be filed along with the application. However if not filed with the application it may be filed within three months along with prescribed fee from filing date in India.
A Design once registered is valid for 10 years from the date of registration. In cases where claim for priority is allowed, it is 10 years from the priority date. A design can be renewed for another five years on payment of prescribed fee.
Yes, it is possible to transfer the ownership rights of a registered design, as per Section 30. The transfer occurs through an assignment deed, which must be in written form. It is important to note that the request for transfer should be submitted within 2 months from the date of the assignment.
