Design registration aims at the protection of new or original designs created to be applied to a particular article to be manufactured through the industrial process. Design registration is basically concerned with the physical appearance of the product.
Design registration is granted under design Act 2000. The design is concerned with the physical features of the product like shape, configuration, pattern, ornament composition of lines, color and combination applied to any product by industrial means. A registration once granted is valid for a total period of 10 years and after that renewal of 5 years can be sought.
Registration of a design helps the holder to enjoy the exclusive usage over the patented work and sue any person in case of infringement. Further, a distinct design helps to create an image of the product and provide an advantage over the competitors.
Registration of design
To obtain the registration of a design an application shall be filed along with the prescribed fees to the controller. After being satisfied that the design applied is new, original and is not contrary to public order or morality the controller may register the design under the Act.
Further, the controller may publish the particulars of the design in the prescribed manner and the design shall be open to public inspection. A certificate of registration will be granted by the controller as soon as the design is registered.
Prohibition on design registration
Registration of following designs are prohibited under designs Act 2000-
1. If the design is not new or original.
2. The design has been disclosed to the public anywhere in India or in any other country by publication in tangible.
3. The design was in use in any other way prior to the filing date.
4. The design is not significantly distinguishable from known designs or combination of known designs.
5. It comprises of or contains scandalous or obscene matter.
