Design Means just the features of shape, pattern or composition of line or color placed on an article in 2D or 3D format by any manual or mechanical process that is judged by eyes.
It will not include any Trademark or artistic work (under copyright)
The proprietor of an new or original design Includes –
Author of design
A individual that gets the look executed by other individual and
A individual that acquires design starting from an author.
Application:-
The application for design can be created by any one who claims to certainly be a proprietor of brand new or original can be created to the Controller. An application should be made within a prescribed format and will be accompanied by four copies of representation from the design and prescribed fee. This application might be sent yourself or by registered post.
An application shall state the category to which such design shall be registered. The Rules, 2001 prescribes classification this agreement application is usually preferred. On application, if any objection usually Controller, which requires amendment within an application, he might communicate their list of such objections towards the applicant. An applicant shall remove/solve the objections within six months. Under Sec 6, is registered for many or any in the articles comprised in the particular class. Where design is registered for almost any one article coming under given just one classification, the approval for same design but for virtually any other article inside the same classification could be granted to your same applicant.
Say ‘Bottle’ and ‘bag’ comes within the same classification and when anyone has obtained design under ‘bottle’ he himself will never be refused from having the same design for ‘bag’. The Controller either can grant or refuse the applying. On refusal, the individual aggrieved can prefer an interest High Court. The Controller shall grant certificates of registration towards the applicant and publish simple fact of registration on the design. A register of designs is kept in the Patent Office, through which all particulars of an design will likely be entered. Such register is prima facie proof of any fact regarding design.
Reciprocal Application:- Any one who has applied for virtually every in the UK or some other convention country can claim precisely the same design in India. However, such claim will be made within a few months from the date of application inside UK and other convention countries.
Rejection:- The controller shall not register if:
It is just not new or original
It continues to be published in India or elsewhere in almost any format prior to a priority date of use of an applicant
It just isn’t significantly completely different from known design or their combination
It contains scandalous or obscene matter.
Substitution:- Where before registration:
A person has tried for registration of a typical design, and
Other person claims precisely the same design as his design because of any agreement or assignment then your Controller can go to register such design inside name of claimant.
However, the structure should be identified towards the satisfaction in the Controller along with the agreement or assignment shall be also produced to which claim in the claimant has become made.
Restoration:- Where renewal fee will not be paid, the appropriate has lapsed which is often restored within twelve months, in the date of expiry associated with an original period on payment of any fee. Application for restoration, as applied by a person, should be published by Controller.
Marking before Sale:- Where the structure of a piece of writing is registered, a mark using the word “Registered” or “Regd.” will likely be affixed in conjunction with registration number on such article before delivery for sale of which article.
Cancellation of Registration
Any interested person can file a petition to Controller for cancellation of registration of an design on following grounds:
The design has already been registered in India by any other individual
It continues to be published in India or elsewhere before its priority date
The design isn’t new or original
It doesn’t come in the definition of design Petition will probably be in duplicate the other copy of it will likely be sent to your registered proprietor.
The registered proprietor can file his counter statement in just a prescribed time frame. The controller shall fix to start dating ? for hearing on giving 10 days’ notice and shall decide the situation. Any person aggrieved with the decision of Controller can prefer an interest High Court.