Essential Requirements for Registration of Design

In today's era, with digitalization making new possibilities and companies trying to set themselves apart from their competitors, the one thing that guarantees success is the uniqueness of the product. In India, articles or products that are dynamic and unique deserve legal protection that legal experts like Vidhinyas Solicitors & Associates help so that no one can copy the article's design and use them for their own benefit.



In 2022, while people don't know about the registration of intellectual properties, its importance is something that cannot be denied in any form. The articles are protected under the Design Act of 2000. According to this law, anyone other than the proprietor cannot use or copy a design for personal or commercial use. Let's understand every aspect of the Design Act 2000 and the essential requirements for registration of design from the basics.

 

What Is The Design Registration Process/Procedures?

 

The procedure of Design Registration in India is a seven-step process. These steps involve:

 

●     Prior Art Work Research: As an applicant, you must research and find out if any similar designs have been registered before yours or not.

●     Classification Of Designs: As an applicant, you must recognize the class of the design from the Locarno classification.

●     Statement of Novelty: As an applicant, this statement will lead to a speedier examination of design and the complete registration process.

●     Disclaimer: With the disclaimer, you convey that under your design registration, you will not claim the use of any trademark.

●     Claim For Priority Date: The applicant can file for a priority date claim if the application has been provided within six months.

●     Fees Payment: Applicant must pay a sum of Rs. 1000 to the Design Office, Kolkata, through cheque, demand draft, or cash.

●     Issue of Certificate: If all documents and fees are submitted with validity. The applicant will then get a design registration certificate, valid for the next ten years.

 

What Are The Essential Requirements For The Registration Of A Design?

 

While the Design Act 2000 is not much complex and easily understandable, there are some essential requirements for the registration of design that one needs to look over before moving on to the registration process. These include:

 

●     The article should be original or new, with no publication in any country of the world before the application for registration.

●     The article's registration should be related to its shape, pattern, or overall design.

●     The main feature of the article's design should look like a unique part of the article.

●     The article should not be obscene, immoral, or controversial.

●     The article must hold a barrier from section 4 of the Design Act.

 

The 4 Criteria Needed In Order To Be Registered Under Design Act of India, 2000

 

With limitless possibilities of having a unique product, the Design Act 2000 also has many hurdles an applicant has to overcome to achieve the design registration. There are a total of 4 criteria needed to be registered under Design Act of India, 2000. These criteria are:

 

●     The originality of the design.

●     Registration should only apply to the article.

●     Design elements must have a different existence when separated from the article.

●     The design must be appealing to the people and roll out as distinctive.

 

What’s The Validity Of Design Registration?

Once the registration process is over, and the applicant finally has the certificate for Registration of Design, the one thing they need to keep in mind revolves around the validity of design registration. After successful registration, the certification is valid for the next ten years from the registration date. After ten years, the proprietor can extend the registration for five years, and after its conclusion, the certification expires.

 

Conclusion:

Design registration in India is an essential procedure for companies looking forward to protecting their unique products and items under the legal brackets. While the process is simple, many issues like the rejection of the application, objection over the uniqueness of the article, etc., can occur during the process. Thus it is recommended that one should use the help of some legal experts who specialize in business law like the trustworthy Vidhinyas Solicitors & Associates before applying by themselves.

 

 

 

 

 

 

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