What is Design registration?
Design registration is a type of intellectual property protection, Design registration provides the creator gets a exclusive rights over use of the design.
design registration can be obtained for new and original 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, and the design must be visible and should appear on an article.
Design registration serves to protect a design; design registrations are not based on a product or services. The protection covers the design, regardless of the actual product for which it is used. Design must be separable from the article on which it is applied to.
Any technical feature of the article to which it is applied is not protected under design registration.
Validity of design registration is 10 years from the date of registration that can be further extended for a period of 5 years. In case of infringement, the owner of a registered design can initiate legal action under the Design Act.
Documents Required for Design Registration
- 2 copies of the design work
- Power of Attorney-A letter required on Rs. 100 stamp paper authorizing Legal Babu to file design registration application on your behalf.
- In case of multiple creators involved-No Objection Certificate (NOC) or an agreement is required from all persons involved in the design work.
- Board resolution/authorization letter It is required if the applicant is a company.
- General information of the design to be registered
- Id proof of applicant.
Why register a Design?
Add Value
A design registration creates an intangible asset, since a design makes an article attractive and appealing, it adds commercial value to the article/product and increases its marketability, which means you can sell it, franchise it or you can License the design rights which can provide a valuable income stream..
Legal Protection
When a design is protected, the owner/creator of the design is assured an exclusive right against unauthorized copying or imitation of the design by third parties.
Design registration serves as evidence in the court of law over ownership of your design work
Enhance your rights
Registering a design establishes a public record of your design claim, it helps prove your ownership of your design work, and you can sue them for design infringement if someone copies your design,.
design owners have the exclusive right to reproduce the work in any material form including the storing of it in any medium.
Design rights can also be used for your business’s products and/or technologies.
Design rights work well for companies seeking to protect a wide variety of products that are ever-evolving like popular dolls, toy, cars, electronic gadgets, mobile phones and their numerous accessories. Desing registration is good for toy makers, fashion designers, jewellers, crockery and utility items, textiles.
Design rights has a wide advantage in new media and/or digital products. Copyright can protect the code of software application but it does not protect the look and feel of what this code produces on a screen. Design rights are suitable to protect these digital images. video game characters and graphic icons, among others can be protected through design registation.
design rights is crucial for fast-moving industries like fashion, which has a quick turnover. Design rights can help fashion designers protect their products in key markets and helps in dealing with design infringement issues.
Design registration is more useful especially when the expected life of product is short and simple to produce.
FAQS
Have questions about design registration?
We have got you covered.
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Is it mandatory to register a design?
No, a design registration is not mandatory in India, however by registering a design you get legal protection against someone copying your original design, and it act as prima facie evidence in the court, you can file a case in court of law against the commercial exploitation of your original design.
- What is the validity of design registration?
- Is Design registration in India also valid in Foreign Countries?