In today’s
.com India not only the patent and copy is what people is willing to get
registered, but they also want their designs to be registered so that the
unique features of the products developed by them can’t be reproduced without
their permission. Though registration of design is not new from part of Indian legislature,
option to register the design was provided since 1911 with the Designs Act,
1911. Registration of designs get more recognition when Design Act, 2000 came
into force.
What is Design?
As Per Section 2 (d) of Design 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 principle
of construction or anything which is in substance a mere mechanical device, and
does not include any trade mark as defined in clause (v) of sub-section (1) of
section 2 of the Trade and Merchandise Marks Act, 1958 or property mark as defined
in section 479 of the Indian Penal Code or any artistic work as defined in clause
(c) of section 2 of the Copyright Act, 1957.
In simple words a bike mask
could be registered as a design but a painting by Mr. M. F. Husain is not a
design.
Why to get your design registered?
The benefit of getting registered
the design is any person involved in unauthorized imitation of the registered
design on been proven of such a use shall be liable for any contravention to
pay up to Rs. 25000/- to the registered proprietor. Moreover the proprietor may
sue for recovery and injunction for use of design, in that case penalty will be
the sum decided by the court but not exceeding Rs. 50,000/-
Which type of designs could be registered?
For getting any design
registered it shall be the original design not previously used or published in
the country. The design should relate to
features of shape, configuration, pattern or ornamentation applied or
applicable to an article. Thus, designs of industrial plans, layouts and
installations are not registrable under the Act.
Procedure for registration of
designs:
A
resident of india may apply for registration of his design by himself or
through an authorised agent, a person resident outside india shall apply for
registration of his design through an agent resident of india.
The
application for registration of design specifying the class in which the design
to be registered along with the specimen of design in form of drawing, tracing,
photograph etc. shall be submitted to the Controller of Designs, The Patent
Office at Kolkata, or at any of its branch offices at New Delhi, Mumbai and
Chennai.
The
application will be reviewed and response will be given to the application
within a maximum period of 6 months.
Time period for which designs gets registered.
When the design gets
registered the registered proprietor has copy right in the design for a period
of ten years from the date of registration.
This period can be extended
for a second period of five years by applying for extension of registration
before expiry of this ten years period.
Within a year of lapse of
design (due to not applying for extension or failure to pay fee) can be restored
by making an application to the Controller in that effect.
Reciprocal arrangement with the United Kingdom and
other convention countries or group of countries of intergovernmental organizations:
A Person who’s design has
already been registered in UK or any other convention countries and made
application for registration of design in india within 6 months of such
registration shall have priority over all other applicant for registration of
his design in india.
Few interesting case laws regarding registration of
designs in india:
RECKITT BENCKISER (INDIA) LTD Vs WYETH LIMITED
http://delhicourts.nic.in/Oct%2010/RECKITT%20BENCHISER%20%28INDIA%29%20VS.%20WYETH%20LIMITED.pdf
DABUR INDIA LTD. Vs AMIT JAIN
