disclaimer

• An “article” means any article of manufacture and any substance, artificial, or partly artificial and partly natural; and includes any part of an article capable of being made and sold separately;

• The design should be new and original
• The design should not have been previously published or used in any country before the date of application for registration
• The novelty of the design may reside in the application of a known shape or pattern
• The design should relate to features of shape, configuration, pattern or ornamentation applied or applicable to an article.
• The design should be applied or applicable to any article by any industrial process.
• The features of the design in the finished article must appeal to and judged by the eye.
• The design must be capable of being sold separately.
• The design should not comprise or contain any obscene or scandalous matter.

• In the Third Schedule of Designs (Amendment) Rules, 2008 the classification of goods has been mentioned. Classification is based on Locarno Agreement. Only one class number is to be mentioned in one particular application.
• The classification of goods is on the basis of articles. Articles are grouped into 32 classes and further divided into sub-classes. E.g. class 1- Foodstuffs, class 2- Articles of clothing and haberdashery class 3- Travel goods, cases, parasols and personal belongings etc.)

• For filing a design application, one would require to submit the following information/documents:
• Name, address and nationality of the applicant
• Front, back, top, bottom, left side, right side and perspective views of the design (Photographs are preferred by the Design Office. Clear line drawings of the various views can be filed in case the product is not yet manufactured)
• Name of the article and International class number, if possible
• Nature of the article and its purpose of use
• Particulars of priority application (where applicable)
• Certified copy of Priority Document (when priority claimed) along with its English translation. Priority document can be filed after the filing of application but within three months’ time from the date of filing application subject to payment of late filing fees
• Power of Attorney/General Power of Attorney signed by the applicant

• After filing the application, the Design office takes around 2-3 months’ time to send Examination Report. The time limit however to respond to such official action is within threemonths’ time from the date of official communication failing which the applicant shall be deemed to have withdrawn his application. After complying with the examiner’s requirement, the Design Office generally issues registration certificate within 4-5 months’ time. Ordinarily, an application for registration of a design should be disposed off within 6 months from the date of application and in any case where the procedure has not been completed within such period due to any neglect or default of the Applicant, the application shall be deemed to be abandoned.

• After a design is registered, relevant view(s) of the article alongwith other information is made available in the official gazette, which is published on every Saturday.

• Online design search is not possible by general public and for determining whether prior registration subsists in respect of a particular design, a request can be made to the Controller with the details of the design desired to be registered. Design search is possible either by providing Registration or by providing drawings/photographs of the article.

The duration of the registration of a design is initially 10years from the date of registration. Where priority is claimed and has been allowed the duration is 10 years from the priority date. Period of registration may be extended by further period of 5 years. The registered design holder may make application for such extension as soon as the design is registered.

• In case a design registration ceases to have effect due to failure to pay fees for extension an application for restoration may be filed within one year from the date of lapse.

• Ownership in a registered design can be transferred by means of assignment, transmission or operation of law. A person may also be entitled to a design as mortgagee, licensee or otherwise.
• The instrument of transfer must be in writing.
• The person entitled under the transfer must within 6 months from the execution of instrument make an application for registration of his title.

• Petition for the cancellation of registered designs can be filed at any time during the term of registration before the Controller of Designs on grounds of prior publication, prior registration in India, lack of novelty and originalityetc.

• Use of a registered design or its obvious imitation belonging to the same class in which the design has been registered, without the consent/ permission of the registered proprietor, for purpose of sale or importation or publishing such articles or exposing them for sale with the knowledge of illegal use of design amounts to piracy of registered design.
• A suit for infringement, injunction and recovery of damages etc. can be instituted by the registered proprietor of design in any court not below the court of District Judge. Any person infringing the copyright of design is liable to pay to registered proprietor of design for every instance of infringement a sum not exceeding Rs.25,000/- subject to a maximum of Rs.50,000/- for any one design recoverable as a contract debt.There is no criminal remedy however under Designs Act.