Basics of Designs

 

Basics of Designs

Meaning and Content

 

Designs play a real life role in the modern world. Designs reflect a synchronization of aesthetics and utility. Intrinsically rooted in India’s rich cultural heritage are innumerable forms of traditional designs. The famous hand-block prints known as "baandhnis" of Rajasthan top the list among the well known traditional designs of India. The other side of the spectrum is the designing activity in the realm of industrial production. Addressing the paradigm shift in the concept of industrial designs, India recently amended its Designs Act. Of course the compelling reason to do this was the obligations under the TRIPS.

 

New or Original Designs

 

A design to be registrable must be new or original. Original means originating from the author of the design. New applications of old designs are registrable. Designs which are not new or original or disclosed to the public anywhere in India or in any other country or not significantly distinguishable from known designs or combinations of known designs or comprising scandalous or obscene matter are not registrable. This Indian legal position is more on the lines excluding non-registrable designs by identifying the categories of designs not registrable rather than positively reciting what are registrable designs.

 

Design Registration System

 

Most countries provide for national design laws providing for a system to administer the registered designs. The process typically involves filing applications for registration of designs in the prescribed format, remedying the objections, if any, by the Design Examiner and getting the design granted. India has adopted a new classification that conforms to the Locarno Classification of industrial designs.

 

Designs Prosecution in India

 

The Applicant

 

Any person who claims to be the proprietor of any new or original design not previously published in any country can apply for registration of a design in India. In case of a design claiming priority, the Applicant must be a person/entity who has applied for protection for any design in any other convention countries or group of countries or countries, which are members of inter-governmental organizations or his legal representatives, alone or jointly with any other person. The Indian Design Laws provide for 6 months priority from the date of the earliest application.

 

Application Document

 

The application for a design should be in the manner prescribed under the Designs Act, 2000 and the Designs Rules, 2001. A Design application has to be filed in the form prescribed under the Designs Rules alongwith the requisite official fee. In preparing the Design specification, it to be ensured that the various claims regarding the Design in its entirety with all it’ modification have been covered.It has to be filed in the prescribed form and the official fee is to be paid. Separate application needs to be filed for each design. The same design can be registered in more than one class. The Schedule annexed to the Design Rules Provides for the classes in which the application for design can be filed. This Schedule follows the Locarno Classification.

The date of registration of design will be the same as the date of the application for registration.

 

 

 

Examination

 

Upon filing the application for design, the Controller of Patents and Design will refer the matter to the Examiner of Designs. The Examiner will verify whether the application conforms to the formal and substantive requirements as legally prescribed.

 

Grant

 

After acceptance of the application the Design Office will proceed to grant registration.

 

Term Of Design

 

The term of registration is for 15 years. The registration is valid for an initial term of 10 years and by renewal this term could be extended for another 5 years.

 

Prosecution Frame

 

The Patents & Designs Office issues an official filing receipt as soon as the application has been filed. Thereafter the Patents & Designs Office issues the First Office Action which may contain formal and/or substantive objections in respect of the application for registration.

 

Time Frame

 

A design registration can be obtained within a period of 12 (Twelve) months.

 

Designs Filing Requirements in India

 

Introduction

 

Design registration in India is governed by the Designs Act, 2000 and the Designs Rules, 2001. To prepare and file a Design Application in India, the following information/documents are required:

 

The Details of the Applicant

 

·         The name, address and nationality of the Applicant. If the Applicant is not a natural person the legal status and the place of incorporation

 

The Details of the Design

 

·         Title of Article; ·         Statement of Novelty; ·         Class & Sub Class of the article embodying the design is applied under the Locarno Classification; ·         The size of each representation must not be less than 5 by 4 inches or 13 by 10 centimetres wide. ·         Representations illustrating the views of the article wherein the originality resides. The representations can be in the form of photographs or drawing figures (the Designs Office prefers photographs) showing the perspective, front, rear, top, bottom and side views of the article (4 copies of each view)

 

Priority Claim details [if applicable]

 

If the design application claims priority from a corresponding application(s), the following particulars are required:

·         Priority date; ·         Priority Country; ·         Priority Application Number; ·         Certified Priority Document [may submit later]; and ·         Verified English translation of the priority document [if relevant, may submit later]

 

Power of Attorney

 

The duly stamped Power of Attorney in the prescribed form must be submitted. It could be filed subsequent to the filing of the application.