| Design patent design patent law firm India An | | | | design. The foreigner can apply for the |
| article is distinguished not only by its utility but also | | | | registration of the design. However, the |
| by its visual appeal which too usually play an | | | | convention followed is that if a country does not |
| important role in shaping the buyers preference | | | | offer the identical registration right to Indian citizen |
| for the article. Therefore, the design of an article | | | | for their designs in their country, its citizen would |
| and even design of its packaging is important | | | | not be eligible to apply for registration of design in |
| from the commercial view point. | | | | India. design patent design patent law firms delhi |
| Since the enactment of the Design Act, 1911 | | | | The application under Section 5 shall be |
| considerable progress has been made in the field | | | | accompanied by four copies of representation of |
| of science and technology. The legal system of | | | | the design and the application shall state the class |
| the protection of industrial design requires to be | | | | in which the design is to be registered. The |
| made more efficient in order to ensure effective | | | | applicant is also to file a brief statement of |
| protection to registered design. It is also essential | | | | novelty with the application. There are 31 classes |
| to promote design activity in order to promote | | | | plus miscellaneous class 99 of goods. The |
| the design element in an article of production. The | | | | procedure for registration of a design is |
| Design Act, 2000, after repealing the Act of 1911 | | | | comparatively simple when compared to |
| aims at the protecting the design in India and | | | | procedure for registration of a patent and |
| bringing the Indian law at par with International | | | | trademark.a) Submission of applicationb) |
| law. | | | | Acceptance / objections / refusalc) Removal of |
| A design can be registered only when it is new or | | | | objections / appeal to central Governmentd) |
| original and not previously published in India. A | | | | Decision of Central Governmente) Registration of |
| design would be registrable if the pattern though | | | | the design |
| already known is applied to new article. For | | | | The exclusive right conferred on a design is |
| example, the shape of teddy bear if applied to | | | | termed as copyright in design. It should not be |
| school bag would be registrable. It is necessary | | | | confused with exclusive right granted for literary |
| that the design must be new with respect to the | | | | and artistic work also termed a copyright in the |
| class of the article to which it has been applied. A | | | | literary and artistic work. There are certain |
| combination of previously known designs can be | | | | designs which can qualify for registration both |
| registered if the combination produces a new | | | | under the Design Act and Copyright Act. The |
| visual appeal. | | | | industrial design and product design are covered |
| The novelty or originality is to be judged on the | | | | by Design Act, 2000, if the design has been |
| evidence of expert in the trade. An expert who is | | | | registered under this Act, it can not be protected |
| aware of what is common trade knowledge and | | | | by the Copyright Act even though it may be an |
| usage in the class of goods to which the design is | | | | original artistic work. If the design qualifies for |
| applied would be the once entitled to pass the | | | | registration under Design Act but has not been |
| verdict on the novelty and originality. The design | | | | registered under Design Act, the exclusive right |
| must appeal to and judged solely by the eye. The | | | | will subsist under the Copyright Act. If such design |
| visual appeal of the article must be to the eye of | | | | is of an article which is commercially produced, |
| the customer. | | | | the copyright over the design under Copyright |
| The design must not be previously published in | | | | Act will cease to exist when the article to which |
| India. To constitute publication, a design must be | | | | design has been applied is reproduced more than |
| available to the public or it has been shown or | | | | fifty times by an industrial process by the owner |
| disclosed to some person who is not bound to | | | | of the copyright. |
| keep it secret. The private or the secret use or | | | | There is an overlapping area of the applicability of |
| an experimental use of a design will not constitute | | | | the Design Act and Copyright Act but they can |
| publication by prior use. In the case of Wimco | | | | not be applied at the same time for protection of |
| Limited versus Meena Match Industries, the High | | | | the same subject matter. Section 11 of Design |
| Court held that the disclosure even to one person | | | | Act lays down the term of the copyright in design |
| is sufficient to constitute publication. | | | | is ten years which can be extended to further |
| As per Section 5 of Design Act, 2000, any person | | | | second period of five years making it total fifteen |
| who claims to be the proprietor of any new or | | | | years. |
| original design can apply for the registration of the | | | | |