Global IPR Protection | Overview of Design Protection in India
PUBLISHED ON 24.08.2021 BY MS. APARNA JAIN, MS. HARINDER NARVAN, MS. AASHRIKA AHUJA AND MR. ISHAN BERRYIndustrial designs usually involve protecting a new shape, configuration surface pattern, ornamentation and composition of lines or colours applied to articles which in the finished state appeal to and aesthetically appealing to eyes. The registration and protection of industrial designs in India is administered by the Designs Act of 2000. This Act along with Rules provide for filing of a Design Application in any of the four Patent Offices i.e. Patent Office Delhi, Mumbai, Chennai or Kolkata. However, the prosecution of a Design Application is taken up only at Patent Office Kolkata. Knowledgentia Consultants, being a renowned law firm offering Global IPR protection services, provide expert services on all matters concerning filing, registration as well as enforcement of industrial designs within the territory of India.
India joined World Trade Organisation as a “member State” in the year 1995. As a result, the Designs Act, 1911 was repealed and the Designs Act, 2000 was enacted to make the Indian Designs Law compliant with the TRIPS agreement. Novelty under the 1911 Act was determined with reference to India, whereas under the Designs Act, 2000 novelty is determined on a global basis. The classification system of the 1911 Act was based on material characteristics of the article, whereas the Design Rules 2001 and the amendment in 2008 and 2021 provide an elaborate classification based on Locarno Classification system hence for the purposes of the registration of designs and of these rules, articles are classified as per current edition of “International Classification for Industrial Designs (Locarno Classification) published by World Intellectual Property Organization (WIPO)”. Knowledgentia, one of the best corporate international law firm in India offers world class services compliant with national and international statutes when it comes to seeking your design’s protection.
In India, the criteria for registration of industrial design is as follows:-
- Finished article appeals to and is judged solely by the eye
- New or original.
- Not prior published in any country and not publicly known in India.
- Is significantly distinguishable from known designs or combination of known designs.
- Not a technical or useful function of a product
- Not be contrary to public order or morality.
- Not be prejudicial to the security of India.
At Knowledgentia, we advise our clients on all pros and cons associated with the aspect of design registration including it being a statutory and a territorial right accruing only basis the on registration. The registered owner thereby has a right to prevent all third parties from producing, importing, selling or distributing products having an identical appearance or a fraudulent or obvious imitation. Registration of industrial design is an asset that can be licensed. Being experts in providing sound legal advice as best litigation firm in India, we ensure to guide our clients about being cautious in not registering a design that is not new or original; or has been disclosed to the public anywhere prior to the filing date; or is not significantly distinguishable; or contains scandalous or obscène matter. The design protection can’t be granted for designs incorporating official symbols or emblems, maps, buildings, stamps, medals etc. Any person who desires to register a design is required to submit relevant documents along with the application including (Form-1) along with the prescribed fees as per schedule 1, stating name in full, address and nationality, name of the article, class number and address for service in India. Further, a Representation (in quadruplicate on durable paper of size 210mm x 296.9 mm with a suitable margin) of the article where drawings, photographs, tracings or other representations including computer graphics should clearly show the features of the design from different views. A statement of novelty and disclaimer (if any) in respect of mechanical action, trademark, work, letter, numerals should be endorsed on each representation sheet which should be duly signed and dated. Further, Priority documents need to be submitted in case of convention application claimed under Section 44 of the Designs Act, 2000.
As one of the best design and patent consultants in India, we advise our clients clearly about timelines and maintenance of their IP. For instance, after an application is made with the Indian Patent Office, an examination report may be issued. Within a stipulated time period i.e., within six months from the date of filing of the design application a reply is required to be filed in response to the objections raised in the examination report. The said period may be extended for a maximum of three months on a request made in Form-18 along with fees as per schedule 1 before the expiry of the stipulated time period of six months.The response may be accepted or rejected by the Controller. If rejected, an opportunity of amending the application or submitting further replies is provided. Once the objections are resolved, the application is accepted and a certificate of registration is issued. The registration is valid for a period of 10 years and can be renewed for another term of 5 years subject to the payment of renewal fee as per schedule 1.
Bet it finding a liable trademark and brand registration firm in India or availing smooth copyright registration services in India, at Knowledgentia Consultants, we ensure providing clear and simple advice for safeguarding and protecting our client’s inventions.