Patents grants exclusive rights to inventors, encouraging innovation and economic development.
The Designs Act defines a design as the visual features of an article, judged solely by appearance and not by mechanical function. To qualify for registration, designs must be new and original, with protection lasting ten years, extendable by five years upon request.
As per the Designs Act, 2000, a design means only the features of shape, configuration, pattern, ornament or composition of lines or colours applied to any article whether in two dimensional or three dimensional or in both forms, 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; but does not include any mode or principle of construction or anything which is in substance a mere mechanical device.
A design must be new and original in order to be registered. Specifically, a design which has either been disclosed to the public anywhere in India or in any other country, with certain exceptions, or is not significantly distinguishable from known designs, or comprises or contains scandalous or obscene matter is prohibited from registration.
The term of protection of a designs is ten years from the date of registration. However, application may be made before the expiration of ten years for the extension of protection for a second period of five years from the expiration of the original period of ten years.
Gunjan was admitted to the Bar in 1999. She briefly worked at a couple of law firms prior to founding the firm ZeusIP Advocates in 2004….
Naveen is a practicing Patent Attorney in India. He is qualified Mechanical Engineer and an advocate enrolled with the Bar Council of Delhi….
Naqeeb started his legal career in 2003 practicing in the Delhi High Court and Jammu & Kashmir High Court with leading litigating lawyers…
"Design," as defined in Section 2(d) of the Designs Act 2000, refers to the characteristics encompassing shape, pattern, configuration, ornamentation, or composition of colours or lines, applied in either three-dimensional or two-dimensional form, or both, utilizing any process, be it manual, chemical, mechanical, separate, or combined. These characteristics, when present in the final article, evoke visual appeal and are assessed solely based on their visual perception.
The registration of a design grants the registered proprietor with the "Copyright" of the design throughout the registration period, as per Section 11 of the Act. "Copyright" refers to the exclusive right to apply the design to articles within the registered class. In other words, the registered proprietor has the sole authority to utilize the design on articles falling within the designated class.
Initially, registration grants the right for a duration of ten years, starting from the date of registration as specified in Section 11. This right can be renewed for an additional period of five years. However, if the fee for extension is not paid within the initial registration period, the right will expire. In such cases, there is a provision for restoring a lapsed design. The application for restoration must be submitted within one year from the date of expiration, following the prescribed procedure.
The Controller of Designs holds the authority to cancel the registration of a design upon receiving a petition for cancellation in Form 8, accompanied by the appropriate fee. The following grounds are considered for cancellation:
- Prior Registration: If the design has already been registered in India.
- Publication: If the design has been published in India or any other location before the date of registration.
- Lack of Novelty or Originality: If the design is deemed not new or lacking in originality.
- Ineligibility for Registration: If the design does not meet the criteria for registration.
- Non-Conformity with Design Definition: If the design does not fulfill the requireents specified in Clause (d) of Section 2, which outlines the definition of a design.
India, being a signatory to the Paris Convention, adheres to the provisions concerning the right of priority. Accordingly, if a regular first application is filed in any of the contracting states, the applicant has the option to seek protection in other contracting states within six months. In such cases, the subsequent application will be treated as if it had been filed on the same day as the first application, granting the applicant the benefit of priority.
The classification of goods mentioned in the Third Schedule of the Designs Rules, 2001 pertains to the categorization of applications for the registration of designs applied to articles. This classification system is primarily based on the Locarno Classification, which is an internationally recognized system for classifying industrial designs. Each application must include only one class number, as mandated by the Rules. The classification is determined based on the specific articles to which the design is applied.
"Design," as defined in Section 2(d) of the Designs Act 2000, refers to the characteristics encompassing shape, pattern, configuration, ornamentation, or composition of colours or lines, applied in either three-dimensional or two-dimensional form, or both, utilizing any process, be it manual, chemical, mechanical, separate, or combined. These characteristics, when present in the final article, evoke visual appeal and are assessed solely based on their visual perception.
The registration of a design grants the registered proprietor with the "Copyright" of the design throughout the registration period, as per Section 11 of the Act. "Copyright" refers to the exclusive right to apply the design to articles within the registered class. In other words, the registered proprietor has the sole authority to utilize the design on articles falling within the designated class.
Initially, registration grants the right for a duration of ten years, starting from the date of registration as specified in Section 11. This right can be renewed for an additional period of five years. However, if the fee for extension is not paid within the initial registration period, the right will expire. In such cases, there is a provision for restoring a lapsed design. The application for restoration must be submitted within one year from the date of expiration, following the prescribed procedure.led as: (i) an Ordinary application (directly as a first filing with the Indian Patent office); or (ii) a Convention application using the convention route; or (iii) a National Phase Patent application of a PCT International application using the Patent Cooperation Treaty (PCT) route
The paradigm of interface between the Intellectual Property Rights (IPRs) and Competition law is that the two legal regimes are
Patent grants exclusive invention rights to its legal owner.
Patent grants exclusive invention rights to its legal owner.
Copyright grants exclusive reproduction rights for creative works temporarily.
Designs Act, 2000: Visual features judged by an article's appearance.
PPV & FR Act established Authority in 2005 enactment.
Geographical Indications show goods' origin, qualities, and reputation.
Intellectual Property (IP) litigation involves legal disputes over patents, trademarks, copyrights, and trade secrets.
Patent is a statutory Intellectual Property Right which grants exclusive rights to the owner of an invention.
A trademark is a unique symbol representing goods or services, distinguishing them from others.
Copyright grants exclusive rights to reproduce, distribute, and perform creative works for a limited time.
According to the Designs Act, 2000, a design pertains to the visual features of an article judged solely by appearance.
Intellectual Property (IP) litigation involves legal disputes over patents, trademarks, copyrights, and trade secrets.
Geographical Indications denote goods' origin, showcasing qualities and reputation attributed to their specific locale.
The PPV & FR Act established the Authority in 2005, following its enactment in 2001.