Design Registration
Design Registration
Design Registration
Design registration is a type of intellectual property protection under which a newly created design applied to an article created under an industrial process can be protected from counterfeiting. Design registration provides the creator exclusive rights to use the design for ten years, which can be further extended for five years.
A shape, configuration, pattern or ornament, or composition of lines and colors or combination applied to any article can be registered under the Design Act,2000. But for a design to get registered, it must satisfy the following conditions:
- It should be new and original.
- The design should relate to shape, configuration, pattern, or ornament applied to an article.
- The design must be applied to any article by an industrial process.
- The design must be visible and should appear in the article.
Under the Design Act, the owner of a registered design can seek legal remedy in case of infringement.
Definition of Design
A design is defined under Section 2(d) of the Designs Act 2001, as only the features of a shape, pattern, configuration, composition, or ornament of lines or colors that are applied to any article that is two dimensional, three dimensional, or both by an industrial process or any means whether mechanical, manual or chemical, separated or combined, which in the finished article are judged solely by the eye; but is not taken into account upon the principle of construction or anything which is in substance a merely mechanical device.
Following documents are to be submitted to get design registration:
- A certified copy of the original or certified copies of extracts from the disclaimer
- Affidavits
- Declaration
- Other public documents can be made available on payment of a fee.
The affidavit should be in paragraph form and should contain a declaration of truth and verifiability. However, the cost involved in design registration may be regulated by the controller according to the fourth schedule.
Difference between Design Registration and Trademark
| Design Registration | Trademark |
|---|---|
| A design registration would enable the protection of the physical appearance of a distinctive product you are planning to sell to the public (so long as that appearance does not affect the product's function in any way) | A trademark would defend the symbols or words you use to identify the product as coming from your specific business. |
| A design registration protects any new and innovative ornamental design of an article of manufacture. | Trademark registration protects a word or words, name, symbol, or drawing used in commerce to distinguish one source of goods or services from that of another. |
In certain conditions, both forms of protection may be accessible to cover a single design, providing potential rewards for these rights owners.