Answer By law4u team
In India, industrial design registration is governed by the Design Act, 2000 and the Design Rules, 2001, and it provides protection for the visual appearance of a product. Registering a design ensures that its unique features are protected against unauthorized use, imitation, or copying. The process of registration is straightforward but requires compliance with certain legal steps and documentation.
Steps to Register Your Design in India:
Eligibility for Design Registration:
The design must be new or original, and not previously disclosed or used anywhere in the world. It must be applied to an article or product, not a mere concept or idea. The design should not be purely functional; it must be focused on the aesthetic aspects (shape, pattern, color, texture).
Prepare Your Design Application:
Representation of the Design: The most important document is the design application itself, which includes clear and precise representations of the design (drawings, photographs, or sketches). The design must be shown in all its views (front, side, top, etc.).
Application Form (Form 1): You need to fill out Form 1 of the Design Rules, 2001, available on the official website of the Office of the Controller General of Patents, Designs, and Trademarks (CGPDTM).
Class of Design: You must specify the class of products under which your design falls. Industrial designs are classified into 15 classes, including textiles, furniture, tools, packaging, and more.
Description: A brief description of the design, stating the features that make it unique and distinct.
File Your Application:
Online Filing: You can file the application online through the Intellectual Property India portal (https://ipindia.gov.in/). After logging in and creating an account, fill out the necessary details and upload the representations and Form 1.
Offline Filing: Alternatively, you can submit your application physically at the nearest Patent Office in India (there are offices in Chennai, Delhi, Mumbai, and Kolkata).
Fee Payment: The filing fee for an individual or startup is Rs. 1000 and for others, it is Rs. 4000. The fee can be paid online or offline during the filing process.
Examination and Scrutiny:
After submission, the application will be examined by the Design Office. The examiner will check if the design complies with the requirements, including originality, novelty, and eligibility for protection. If the application meets the necessary requirements, the design will be accepted for registration.
Objection, if Any:
If there are objections raised by the examiner, you will be notified. You will need to respond to the objections within a prescribed time (usually 3 months), providing clarifications or modifications to the application. If the objections are resolved successfully, the design will be approved for registration.
Publication of Design:
Once the design is accepted, it is published in the Design Journal. After publication, the design is protected under law and no one else can register or use the same design without permission.
Issuance of Certificate:
After the design is registered, the Design Registration Certificate will be issued. This certificate grants you the exclusive right to use the design in the country for a period of 10 years, which can be renewed for an additional 5 years.
Maintain Your Design:
It’s important to keep a record of the design’s use and its commercialization. If someone uses your design without permission, you can take legal action to protect your rights.
Documents Required for Registration:
Design Representation: Clear and detailed images of the design in different views.
Form 1: Application form with complete details of the design.
Power of Attorney (if filed through an agent): If you are filing through a registered agent, a Power of Attorney is required.
Priority Document (if applicable): If you have filed for design registration in other countries and wish to claim priority, submit the priority document.
Example:
Suppose you’ve created a unique and innovative bottle design for a beverage. To register it, you would:
- Prepare detailed photographs or drawings of the bottle design from various angles.
- Fill out the Form 1, indicating that it’s a bottle design and mentioning the unique shape and texture.
- Submit the application online and pay the filing fee.
After examination, if your design meets all the criteria, it will be registered, and you’ll have exclusive rights to use that design in India for 10 years.
Conclusion:
Registering your design in India helps protect your creative work from unauthorized use or copying. The process involves submitting a detailed design application, followed by examination and approval by the Design Office. Once registered, your design is protected for a period of 10 years, providing exclusive rights and the ability to take legal action against infringement.
