Design registration is a type of intellectual property protection, under which newly created designs applying to a articles created under an industrial process can be protected from counterfeiting. Under the Design Act, 2000, a shape, configuration, pattern or ornament or composition of lines or colour or combination applied to any article can be registered. For a design to be registered, it must satisfy the following conditions: it must be new and original, the design should relate to features of shape, configuration, pattern or ornament applied to an article, the design must be applied to any article by an industrial process and the design must be visible and should appear on an article.
Design registration provides the creator, exclusive rights over use of the design for a period of ten years, that can be further extended for a period of five years. In case of infringement, the owner of a registered design can seek legal remedy under the Design Act.
When the design is registered, copyright is conferred upon the registered design for a period of 10 years.
This registration can be canceled under the provisions of section 10 of the design act 2000, It can be cancelled if;
- If the design is not unique.
- If this design is already registered in India.
- The design has been already published in another country prior to the date of the registration.
It is best to file a registration at the earliest to obtain the exclusive rights over the designs. This is because. Those persons who files for the registration of that particular design that will get the right of that particular design. You can also transfer the ownership of design registration to another person through
- License Agreement
For this, an application is to be made to the controller of patents and designs through the form no. 10. You also need a transfer agreement to transfer the ownership from one person who is the owner to another person. If you want to alter in the registration of design then it can’t do. But, if you want to change the details of the owner like his or her name, address and many more things then it can be done by form no. 22.
Features of Design Registration
There are many traits to register the particular design like;
- The design should be new, original, unique and attractive.
- Can’t be controversial, offending, obscene or contradictory to the public order.
- Not have been published or disclosed anywhere.
- Can’t include procedural and mechanical elements.
Advantages of Registration
There are many of the benefits of the design registration like;
- You will get exclusive rights on that particular design.
- That design would be the asset of the proprietor or the owner.
- You have the right to sell, transfer and license the design with ease.
- Designs can make the products into the brand so easily which is desired by the customers.
- A reputation for the innovative design of the product can add significant value to your business.
- The design can be used as a way of raising capital for example; as a security for a loan.
- Licensing design rights can add a value stream.