The Designs Act, 2000 and the Design Rules were established in 2001, which govern India's registration and protection of designs. The 1911 Design Act was repealed and replaced by the Design Act of 2000.
A design is defined as only the characteristics of a shape, pattern, configuration, structure, or elegance of lines or colours applied by an industrial process or any technique, whether mechanical, human, or chemical, to any two-dimensional, three-dimensional, or both-dimensional product, and are judged solely by the eye in the finished article, according to Section 2(d) of the Designs Act 2001. However, it is not taken into account upon the principle of construction.
Getting design registration under the Designs Act aims to protect a unique or inventive design applied to a specific object during the manufacturing process via an Industrial Process or mode.
A unique industrial design refers to creating new and original product characteristics that may be recognized by the particular shape, formation, patterns, beautifying, and mixing such shapes or hues used. At first glance, an extraordinary design in its completed form appeals to the eye. It has a strong favourable influence on the market's customers. The following are some of the important reasons why a corporation has to register a design:
• To get an effective and well-placed legal cover to protect original designs in India from being copied or misappropriated.
• To encourage and enhance originality and innovation.
• It is a requirement for all enterprises based in WTO Member countries that have signed the TRIPS (Trade-Related Aspects of Intellectual Property Rights) Agreement.
• Application in the ordinary : application does not claim priority.
• Application for Reciprocity : A reciprocity application asserts priority over a prior application submitted in a convention country. Such an application must be filed in India within six months of the convention country's filing date. The 6-month timeframe cannot be extended.
Form 1 and the following information must be submitted with the Design registration application:
The applicant's name
The applicant's address
The applicant's nationality
The name of the item that the design appears on.
The design is registered. Two copies of the design must be submitted if it is two-dimensional. (The applicant must emphasize the design's unique qualities.)
Each registration class must have its application if it indicates that the design is registered in more than one class.
To each representation of the processes, trademark numbers, or letters, a disclaimer or novelty statement should be appended.
The applicant or an authorized person must sign and endorse each representation.
In applying, the patent office will analyse it and, if necessary, make objections.
Once all objections have been solved, the patent office will issue a Copyright certificate for the design. From the date of registration, the design registration is valid for 10 years.
• Certified copies of the original or copies of all disclaimers
• On payment of a fee, more public documents can be accessed.
Copyright registration can always be used by the creators or owners of original work to safeguard their work. It protects them from infringement.
Copyright registration allows you to promote your creative work to a large audience all at once. It's simple to utilize for publishing or marketing in the customer's thinking.
The work's creator has been given complete control over its dissemination, translation, production, and adaption.
In India, copyrighted work in many other countries is allowed or provided privilege, and vice versa. In many other nations, copyright registration in India is protected.
People may quickly learn about registered work, and the registered database can be searched on various platforms.
As is commonly stated, branding is critical in promoting your work. As a result, Copyright registration can assist you in instilling a sense of goodwill and quality in your customers' perceptions.
Although design registration is not required, it does safeguard the design's uniqueness and originality.
After the design is finalized and shown to others, an application for design registration should be submitted as soon as possible.
The proprietor of any design, an Assignee (jointly or individually), or, if the applicant is a non-resident Indian, his agent or representative can apply for design registration.
A license agreement or transmission can all be used to transfer ownership of design registration.