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Saturday, July 23, 2011

Industrial Design law and Practice India

As per Indian Designs Act, 2000, “design” means only the features of shape, configuration, pattern, ornament or composition of lines or colours applied to any article whether in two dimensional or three dimensional or in both forms, by any industrial process or means, whether manual, mechanical or chemical, separate or combined, which in the finished article appeal to and are judged solely by the eye; but does not include any mode or principal of construction or anything which is in substance a mere mechanical device and does not include any trademark, property mark and copyright as defined under the Indian laws.

What Designs are Registrable
Only those designs that are new or original are subject matter of registration in India. Designs which have been disclosed to the public anywhere in India or in any other country by publication in tangible form or by use or in any other way prior to the filing date, or where applicable, the priority date of the application for registration. Further no copyright in the design shall vest in Applicant if more than 50 copies of the design has been manufactured commercially. A design is not registrable if it is not significantly distinguishable from known designs or combination of designs or if it comprises scandalous or obscene matter.

Design Applications in India
Design application in India can be classified under two categories depending upon their priority claim.
1. Ordinary design application without any priority
2. Conventional design application- has to be filed within 6 months from date of filing of conventional application

In case of conventional design application, certified copy of the priority document has to be filed within 3 months from the date of filing of application in India.

Design offices in India
There are four design office in India located at New Delhi, Mumbai, Chennai and Kolkata and depending upon territorial jurisdiction where the Applicant is located, the application has to be filed. For foreign applicant the application has to be filed before the design office within whose territorial jurisdiction the agent/ attorney for applicant is located.

Design filing requirements in India

Following are the basic requirements for filing an ordinary design application in India:
1. Name, address, nationality and particulars of the applicant (whether individual, society, trust, partnership firms or company)
2. Class & Subclass according to Locarno classification
3. Title of the design
4. 4 sets of Photographs/ drawings/ tracing with various views (top, bottom, front, back, side/s and perspective views) of size atleast 13 by 10 cms
5. Statement as to novelty
6. Representations illustrating the views of the article wherein the originality resides

Power of authority has to be stamped as per Indian Stamps Act and can be filed later (before or along responding to official letter). Notarisation is not mandatory.
Conventional Design filing in India
Following are the basic requirements for filing a conventional design application in India:
1. Name, address, nationality and particulars of the applicant (whether individual, society, trust, partnership firms or company)
2. Class & Subclass according to Locarno classification
3. Title of the design
4. 4 sets of Photographs/ drawings/ tracing with various views (top, bottom, front, back, side/s and perspective views) of size atleast 13 by 10 cms
5. Statement as to novelty
6. Representations illustrating the views of the article wherein the originality resides
7. Details of priority, if any, including application number, date of filing and country of filing

Power of authority has to be stamped as per Indian Stamps Act and can be filed later (before or along responding to official letter). Notarisation is not mandatory.

Design prosecution in India
Design prosecution in India involves following stages:
1. Filing of application & issuance of receipt of fee along with application number
2. Issuance of official acknowledgement
3. Issuance of Examination report with objections, if any ordinarily within 2-4 months of filing of application
4. Responding to Examination report within 6 months from date of filing of application in India which can be extended further by 3 months on payment of additional fees and request before expiry of 6 months from date of filing
5. Hearing, if any
6. Acceptance of application
7. Issuance of Registration certificate

Term of Design Registration
The term of registration of copyright in Design is for 15 years in total. The registration is valid initially for a term of 10 years and can be renewed for a further period of another 5 years.

Renewal of designs
A registration of design can be renewed for a further period of 5 years after expiry of initial registration of 10 years

3 comments:

  1. It was good to read the whole stuff, this clearly makes me understand the concept of designs and it's registration and importance.

    ReplyDelete
  2. Thanks for providing us this type of important information and this information helps us a lot. I will visit this site again….
    Lexconsultants.com provide Trademark Registration Attorneys Copyright Office Advocates Criminal Divorce Lawyer in Ludhiana Punjab Chandigarh India and Jalandhar.

    ReplyDelete
  3. Thanks for providing us this type of important information and this information helps us a lot. I will visit this site again….
    Lexconsultants.com provide Trademark Registration Attorneys Copyright Office Advocates Criminal Divorce Lawyer in Ludhiana Punjab Chandigarh India and Jalandhar.

    ReplyDelete

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