Design under Indian Design Act with Example
Introduction
“Design" means the visual appearance of a product, especially it's form, configuration, and ornaments. Registered design is valid for a period of 10 year, and may be renewed thereafter from time to time.
Famous example of registered design in India
The Tata Nano Car Design was a compact and budget car that presented a design that was patent-protected under the Design Act to prevent imitation and safeguard its unique features unlike any other car.
“Design" means the visual appearance of a product, especially it's form, configuration, and ornaments. Registered design is valid for a period of 10 year, and may be renewed thereafter from time to time.
Famous example of registered design in India
The Tata Nano Car Design was a compact and budget car that presented a design that was patent-protected under the Design Act to prevent imitation and safeguard its unique features unlike any other car.
Legal provisions related to design in India
Industrial designs in India are protected under the Designs Act, 2000 (“Designs Act”), which replaced the Designs Act, 1911.
The Designs Rules, 2001 have been framed under the Designs Act.
The Designs Act incorporates the minimum standards for the protection of industrial designs, in accordance with the TRIPS agreement.
Who can Apply for Registration of a Design in India ?
1.Any person: A person who made the design.
2.Legal structures: Companies or firms that are the owners of the design.
3.Assignees: Individuals or organizations to whom the design rights have been given.
4.Joint applicants: Two or more persons/entities may jointly apply.
What is the Process of Registration?
The process of registration of a design under the Designs Act requires the following steps:
1. File an application for registration of design with the prescribed fee with the Controller of Patents and Designs. Photographs of the articles from all angles must be filed along with the statement of novelty.
2. Reply to the objections raised by the
Controller.
3. Upon removal objections, the design is
registered. When registered, a design is
deemed to have been registered as of the date of the application for registration.
4. After registration, the particulars of the design are published.
5. If the Controller rejects the application, the aggrieved person can appeal to the High Court.
There is no opposition procedure prior to registration
What are the Rights Conferred by Registered design?
In India, a design registration gives the applicant the following legal rights:
1.Exclusive Use: The rights holder is the sole person able to use, create, sell, and dispense the design.
2. Infringement Protection: The owner of a design can prohibit legally other persons from copying or using the design through permission.
3. Licensing: The design can be licensed or assigned to others as well.
4.Legal Action: The owner has the right to seek legal action when others are stealing the design.
Cancellation of Design
Section 4 of Design Act ,2000 prohibits following design for registration -
1.The registration of a design can be revoked in case it fails to satisfy the condition of compliance that states that it should be new and original.
2.Besides, the violation of the public policy or morality also leads to revocation of registration.
3.The revocation proceedings include the filing of a petition by the Design Office and Intellectual Property Appellate Board.
Infringement or piracy of design ?
Section 22 of the Designs Act lists the different acts that amount to piracy of the registered design, including:
1. any application of the registered design for the purpose of sale during the existence of the copyright in the design without a license or the express consent of the registered proprietor; or
2.The importation for sale without the consent of the registered proprietor of any article belonging to the class in which the design has been registered and having applied to it the design or any fraudulent or obvious imitation; or
3. knowing that the design, or a fraudulent or obvious imitation has been applied to any article in any class of articles in which the design is registered, published, or exposed for sale, without the consent of the registered proprietor of such an article. Any grounds on which the design can be cancelled can also be used as a defense in an infringement action.
Remedies available
The Designs Act provides for civil remedies in cases of infringement of copyright in a design, but does not provide for criminal actions.
The civil remedies available in such cases are ;-
• Injunction,
• Damages,
• Compensation, or
• Delivery-up of the infringing articles.