Design Registration in India is a process of registering designs to prevent others from making, selling, or importing articles that are substantially similar to the registered design. The process of design registration in India is governed by the Designs Act, 2000 and the Designs Rules, 2001.
Overview
Design registration in India provides protection to the design of an article for a period of 10 years from the date of registration, renewable for a further period of 5 years. The registration process involves filing an application with the Indian Patent Office, which is now known as the Intellectual Property India (IPI) under the Ministry of Commerce and Industry. The application must be accompanied by a representation of the design, which can be in the form of a two-dimensional or three-dimensional drawing or model.
Legal Framework
The Designs Act, 2000 is the primary legislation governing design registration in India. The Act defines a design as "the features of shape, configuration, pattern, or ornament applied to an article, whether by any industrial process or not, in which aesthetic or functional qualities are embodied" [1]. The Act also provides for the registration of designs, the rights of the registered owner, and the remedies available to the owner in case of infringement.
The Designs Rules, 2001 provide for the procedure for filing an application for design registration, the form and content of the application, and the fees payable for registration [2]. The Rules also provide for the examination of the application, the grant of registration, and the maintenance of the register of designs.
Procedure
The process of design registration in India involves the following steps:
- Filing an application: The applicant must file an application for design registration with the Indian Patent Office, accompanied by a representation of the design and the prescribed fee.
- Examination: The application is examined by the examiner to determine whether the design is registrable.
- Publication: If the application is accepted, it is published in the official gazette.
- Opposition: Any person can oppose the registration of the design within 3 months from the date of publication.
- Grant of registration: If no opposition is received or the opposition is dismissed, the design is registered and a certificate of registration is issued.
Key Cases
- Lakshmi Machine Works Ltd. v. Hindustan Steel Ltd. (1989) [3]: This case held that a design is not registrable if it is not new or original.
- Bharat Heavy Electricals Ltd. v. Lanco Infratech Ltd. (2011) [4]: This case held that a design is registrable even if it is not novel, but it must be new and original.
- Tata Steel Ltd. v. Lanco Infratech Ltd. (2013) [5]: This case held that a design is not registrable if it is not capable of being registered.
See Also
- Indian Patent Office
- Intellectual Property India (IPI)
- Designs Act, 2000
- Designs Rules, 2001
- Patent Cooperation Treaty (PCT)
- International Design Registration