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 INDUSTRIAL DESIGNS |
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· At Mark Innovators, we assist on registration as well as on various aspects of Designs and Copyright laws including obtaining appropriate protection and registrations for various Copyrights work and Designs. We have ample experience in enforcement aspects and cancellation proceedings thereof. What is Design :- · The Design means only the features of shape, configuration, pattern or ornament applied to any article by any industrial process or means, whether manual, mechanical or chemical, separate or combined, which in the finished article appeal to and are judged solely by the eye. The registered Design should relate to only a new or original (not previously published in India). · Salient Features: - · The new Design Act was brought in to force on May 11th 2001 · What can be registered: - · Basis of originality: · New Pattern or Ornament: - · What is Novelty and Originality: - · Novelty is judged and based on prior publication only in India. The registered design should be Novel i.e. new / unknown as regards to its shape, configuration, pattern / ornament or may be Original i.e. a design may be known to have been applied on some other articles but when applied to another article it gives a new appeal to the other article. · The classification for registration for the purpose of registration designs are classified based on the material of the goods / article on which the design is applied. There are 14 classes in total that includes class 1 (metals), class 2 (books/book bindings), class 3 (polymeric materials) and class 14 (textile materials). · Multiple registrations is required, when the same article is being intended to be registered for different materials. · What can not be registered: - · Merely mechanical devices / contrivances. · Trademarks or property marks are not registered. · Effects of Registration: - · The registration of new or original design provides the proprietor with copyright on the design i.e. as exclusive right in India to apply the design to any article in a class in which it is registered during next 5 years from the date of registration extendible to two further terms of 5 years each. Cancellation of registration :- · Cancellation of registered design petition can be filed before the Controller within one year from the date of registration on grounds of its prior publication in India or prior registration or before the High Court but after lapse of one year of the date of registration. The controller has no jurisdiction to entertain a cancellation application but only the High Court has its Jurisdiction to entertain cancellation petition. The ground of lack of novelty and originality in the design is the only ground available before the High Court. · Minimum requisite requirements for filing: - · Full name, address and nationality of applicant / applicants. · Name of the article. · Description of Goods · Photographs / drawings of article showing different poses from all Angles with six copies of each pose. · View of the article from all sides. · Particulars of priority application, if any. · Material predominant in the article (e.g. plastic, metal, wood etc.) · List of countries to claim the priority, if any, where the application / applications for Design has / have been filed along with application number and date. · Power of attorney. Procedure for the grant of Design :- · The design office examines the application and objections if any, are raised thereto. · The design office issues the certificate after the objections, if any are removed to the satisfaction of the Design Office. Renewal & validity period of Design :- · Design is valid for the period of 10 years from date of registration (date of original application) and extendable for further term of 5 years.. Time taken for registration :- The registration time takes about 6 months. Enforcement :- · Infringement action for unauthorized use of registered Design. · Infringement action can be filed in the District Court or High Court having jurisdiction. · The relief available include Injunction order, Rendition of accounts of profits illegally if any, earned by the defendant, damages, delivery up, costs. Anton pillar orders are also issued. Note: The new Design Act 2000 has been passed making drastic changes in the law. The same is yet to be implemented. |
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