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The owner and inventor obtain exclusive rights of Design Registration. The inventor is granted permission to use the design for a term of 10 years, with the option to increase the time period for another five years. In the event of infringement, the owner has the right to seek legal assistance under the Design Act. The Designs Act of 2000 and the associated Designs Rules of 2001 govern the entire process of Design Registration.
The term "design" refers to the unique elements of shape, structure, patterns, or embellishments, or composition of lines or hues, or combinations thereof, given to a product, which may be 2 dimensional, 3 dimensional, or both, by any manufacturing technique or mode. The design process can be manual, mechanical, mechanized, or chemical, and it can be separate or all-inclusive, as long as the end product appeals to and can be recognized only by the sight.
The Purpose of obtaining the design registration under the Designs Act is to safeguard a novel or an innovative design so created which is to be applied to a specific article under manufacturing process through an Industrial Process or mode. The primary goal of acquiring a design registration is to ensure that the artisan, inventor, craftsman, engineer, or designer of a design with a distinctive appeal is not cheated out of his rightful reward by copycats who may attempt to utilise his design on their own products.
A creative industrial design starts with the development of fresh and original product characteristics that may be recognised by the particular shape, formation, patterns, beautifying, and mix of such shapes or hues used. At first glance, an extraordinary design at its completed form delights to the eye. It has a strong favourable influence on the market's customers.
Here are some of the most important reasons why a company requires a Design Registration:
Design applications can be divided into two categories:
A regular application does not make a priority claim.
A reciprocity application asserts priority over a previous application submitted in a convention country. Within six months after the date of filing in the convention nation, the application must be lodged in India. The 6-month timeframe cannot be extended.
There is no question that registering a design gives a company a distinct selling point. This means that a registered design gives a company entity's products a distinct personality and appearance from those of its competitors.
Because uniqueness is a major criterion for Design registration, the product must be appealing and distinct enough from others to encourage innovation and healthy competition.
The Design Registration process prevents other companies from copying, reproducing, selling, or distributing their items with the same design as the original.
The items with registered designs are worldwide exclusive, meaning they have never been published in any WTO member country and have never been utilised in India.
Another significant advantage of registering a design is that it only appeals to the general public and is rated exclusively on the basis of appearance.
A certificate of design registration is valid for ten years. After the validity period has expired, the validity can be renewed for another 5 years.
