Design Registration In India

If a designer wants to protect his/her unique designs and prevent others from using them without permission, design registration offers this security. Design registration ensures that the intellectual property gets a legal right and will have legal remedies available in case of infringement. 

Key Takeaways

• Security- Design registration is a crucial step for designers who want to protect their unique designs from being copied and used commercially by others.
• Legal remedy- Design registration ensures that the intellectual property rights are created and protected and legal remedies can be sought in case of any infringement.
• Process- This article will take you through the steps on how to register your designs in India, as well as some key insights on the benefits and advantages of design registration.

What do we understand by the term Intellectual property (IP)

IP means ‘Creations of the mind’. They can be literary and/ or artistic works; designs; symbols; names and images used in commerce.

The Indian laws offer protection to these ‘mind properties’ or the legal terminology- Intellectual property by letting the creators protect their creations through a plethora of means like patents, copyright, trademarks, Industrial designs, Trade Secrets and Geographical Indications (GIs).

This enables people to earn recognition or benefit financially from what they invent or create. 

To know visit our website 

Design Registration in India

The Design Act of 2000 and the Design Rules, 2001, govern the application, registration and all other requirements and remedies available to a person who gets their design registered under this Act. It is important and essential to protect one’s IP through the appropriate method of registration- Trademark, copyright, design or patent. 

It is a legal process that provides exclusive rights to the owner of a design, allowing them to prevent others from using, making, importing, or selling the design without permission.

What exactly is design?

Design’ means only the features of shape, configuration, pattern or ornament or composition of lines or colour or combination thereof applied to any article whether two dimensional or three dimensional or in both forms, by any industrial process or means, whether manual, mechanical or chemical, separate or combined, which in the finished article appeal to and are judged solely by the eye, but does not include any mode or principle or construction or anything which is in substance a mere mechanical device, and does not include any trade mark, as define in clause (v) of sub-section of Section 2 of the Trade and Merchandise Marks Act, 1958, property mark or artistic works as defined under Section 2(c) of the Copyright Act, 1957.

Key Differences Between Design, Trademark, Copyright, and Patent

It is critical to understand the differences between design registration and other forms of intellectual property protection such as trademarks, copyrights, and patents. Each type of protection serves a unique purpose and offers varying degrees of legal security.

For understanding the process better, book an expert call here.

Benefits of Design Registration in India

If you are a designer in India, registering your design can provide several benefits. Design registration protects ones’ creative work by making sure that the creative work is not copied or imitated without one’s permission. This registration gives legal protection to one’s design. It also creates an asset in the form of Intellectual Property. 

The process for registration is not very burdensome nor is the process convoluted and the benefits are tremendous. 

Situation: You have slaved over  creating a design, invested your mind and skill to create something unique, giving birth to a design with many hours of work. By mistake, you leave the design such that someone sees it or clicks a photo or the other person gets an idea seeing your design. and then someone copies it and uses it commercially.  

Thus, as a designer you have be cautious of:

1st step: You protect your design like a mother protects her child from wild animals.Not letting your design be public or be allowed to be clicked or posted on social media. So not even use it as your DP profile. 

2nd Step: get your design registered before using it. You as the designer benefit as follows:

• Establishes ownership of your design: Design registration provides legal evidence of your ownership of the design. It makes your position stronger when resolving any dispute or proving ownership.
• Infringement protection: Once your design is registered, you will have the legal power to stop others from commercially, privately or using it in any way or from copying it without your permission or paying you royalty. 
• Legal action- You will have locus standi to take legal action against anyone who violates your this legal right, created because you got your design registered, which includes obtaining a court order to stop the infringement and claiming damages.
• Creation of an intangible asset: Once you register your design, it can be sold legally and carries a higher value in the market. The ‘swoosh’ of nike, the ‘key’ of SBI, have instant recognition. This is an advantage when negotiating contracts or entering into licensing agreements or royalty contracts with third parties.
• Exclusive rights: When your design is registered, you will have the exclusive right and power to use it as per your wish, licence it for commercial purposes and add any such condition as you deem fit. 

Basic Process for Registration 

Under the Design Act of 2002, the steps are: to fill an application form, give detailed description of the design, submit the application and pay the requisite application fees. 

The Design office will allot the application to an officer who will examine it to make sure that the application and design meets the criterias for registration. 

On registration being granted, the design is the IP of the entity registering it for an initial period of 10 years from the date of its registration. Thereafter, renewal of the registration can be done for a further period of 5 years. In total a design can seek the protection under Design Act, 2002 for a total of 15 years.

Overall, design registration provides significant benefits to designers in India. By protecting your work, you can ensure that it remains unique and original, while also enjoying exclusive rights over its use and licensing.

To purchase Design Registration service please click here

Details:

1. Ready the Application: The application should be downloaded from or filled up online. Each field should be filled with appropriate responses or attachments. If a field is not applicable, then do not leave it blank, but instead write ‘Not Applicable’. Attach required drawings, photographs etc.
2. Submission of Application: The complete application alongwith all attachments, affidavits etc, should be either filed online or filed physically with the Design Office alongwith the requisite fees.
3. Examination by Design Office: On submission of the application, it undergoes an examination by the designated officer. This officer checks the application wrt to content, attachments and if the design is eligible for registration.
4. Publication: If the examination process is successful, the design will be first published in the official gazette of the Design Office for receiving any objections from the general public.
5. Opposition Proceedings: Once the notice of a pending registration has been given to the public through the Official Gazette, it may be so, that an objection will be received from an entity. Thus, hearing of all objections have to be carried out with the prospective design applicant also getting an opportunity to place their replies.
6. Registration of Design: After this process, the Design office may or may not register the Design. Thus, if the Design is not registered, the applicant may re-apply with whatever modifications required. If the Design is registered, the Design Office issues a certificate of registration. 

To purchase Design Registration service please click here

Time taken:

Though the process is simple, the time element has to be taken into account. The Design Office also calls in for additional paperwork after submission of the application. It may also ask to make changes to the application or provide clarifications.The entire process may take upto 6 months also, if objections and counter replies are filed. 

To purchase Design Registration service please click here

Criteria for Design Registration in India

The Design Act, 20022 has set certain criterias and requirements for the ‘design’ that needs to be registered. The criterias have been enumerated in the Design Act, 2002. Let us take a look at these criterias:

Originality: The design has to be original. It should not have been published, made public, or used in any method that the public will be able to see it. The design should not have been previously registered in India or abroad. The design should not be contrary to public order or morality. For eg. the Nazi sign cannot be registered as a design.

Novel: The design will have to have a "novelty" quotient. It means that design should not be identical or similar to any design made earlier and that has been made public. The Design Office determines this through a search and examination process carried out by them..

Functional/ Industrial: Please be careful that the design is not just a purely functional or industrial design in nature. These will not be allowed to be registered. 

On ensuring that the design meets these criteria, the process for registration can be started. 

Duration and Renewal of Design Registration in India

A design on being registered enjoys the protection given to it under the Design Act, 2002. The first registration is for only for an initial period of 10 years to be cunted from the date the registration certificate is issued. Thereafter, the Act allows the holder of the registration to renew the registration for another period of 5 years.

But remember, the renewal for the design registration has to be done within 12 months before the expiry of the original registration. The renewal application has to be submitted in the required form and by paying the required renewal fees. 

Thus, in the inBut say, if the registered holder does not apply for renewing the registration i.e. the holder commits the error of omission - forgets to apply for renewal before the registration expires, the design is no longer protected under the Act, the holder has lost the registration. But, the holder may re-apply for registration, ab-initio, i.e. by starting the registration process all over again.terim, from the registration expiring and the new application being approved, the design can be used by any other entity as it is now in the public domain.

Renewing the registration before it expires is important as it ensures that your design remains protected. By renewing, you will continue to enjoy the benefits and protection that come with design registration, such as exclusivity, market advantage, and the right to take legal action against any infringement of your design rights.

Design Registration vs. Unregistered Design Rights in India

When it comes to protecting your designs in India, there are two options - formal design registration and unregistered design rights.

Unregistered design rights refers to the automatic protection given to your design as soon as it is created. This protection is available for 3 years from the date of creation, after which the design becomes open for use in the public domain. But at times it is very difficult to prove who made the design first unless the creator has documented it well. 

Thus, SeedUp suggests that if the documentation has been done, then also go in for the design registration. 

Remember, the level of legal rights and the protection that an unregistered design will enjoy is not on the same level as enjoyed by a formal design registration.

Registered designs offer exclusive rights to the owner, preventing anyone else from using, importing, or selling the design without permission. Design registration also provides legal recourse when someone infringes on your design by copying, modifying or doing subtle changes and tries to pass it off as their design. In such cases, the registered owner of the design can take legal action against anyone who copies their design.

To sum up, unregistered design may enjoy some rights and protection under the common law of the country but formal design registration is the best way to properly protect the design and ensure its exclusive use and ownership.

To purchase Design Registration service please click here

Design Registration in the AI Age

In today’s era of all things being digital and with AI being launched for every sphere of human work, the procedure of checking the authenticity of any design application is becoming more and more complicated and difficult. Digital platforms have brought in better tools and opportunities for designers, but has also brought alongwith itself new challenges amd obstacles when it comes to safeguarding and checking up on creative works.

The major challenge is the ease with which designs can be generated, copied and shared. Hacking of the linked computers may take this kind of thievery to another level. Thus, protection of computers and working on computers not connected to the internet will go a long way in making a  secure work environment. Designers should therefore ensure that their designs are protected as early as possible through registration

Thus, keeping in mind these challenges, the designers should be learning more about the ways and means of protecting their designs. Thus, the digital platforms etc are to be embraced but with due care.

In conclusion, design registration is more important than ever in the digital age. While it can be challenging to navigate the complexities of digital designs and technology, taking steps to protect intellectual property through registration can provide valuable legal protection and help to safeguard against infringement.

FAQs

Q: What is design registration?

A: Design registration is the process of protecting the unique visual appearance of a product or its features. It provides exclusive rights to the designer and prevents others from using, copying, or imitating the registered design without permission.

Q: How is design registration governed in India?

A: Design registration in India is governed by the Design Act of 2002. This legislation regulates the registration and protection of designs in the country.

Q: What is the definition of design in the registration process?

A: In the design registration process, a design is defined as the features of shape, configuration, pattern, ornament, or composition of lines or colours applied to an article. It is the artful showcasing, drawing, of a product and this representation does not depict or talk about the functional elements of the product.

Q: What are the key differences between design, trademark, copyright, and patent?

A: ‘Design’ is concerned with the visual appeal of a product. ‘Trademark’ serves as a safeguard for brand identities-this covers names, logos, and symbols etc. ‘Copyright’ on the other hand safeguards the creative outputs of authors- literary and artistic creations. ‘Patents’ deal with providing protection for innovative inventions and innovative processes.

Q: What are the benefits of design registration in India?

A: Design registration in India offers several advantages. It provides legal protection against unauthorised use or copying of the registered design. It also gives the designer exclusive rights to use the design and prevents others from claiming ownership. Moreover, registered designs can be licensed or sold, offering potential commercial opportunities.

Q: What is the process for design registration in India?

A: The procedure for obtaining design registration in India entails the submission of an application to the Design Office, which must comprise intricate drawings or depictions of the design, in addition to the stipulated fee. Subsequently, the Design Office will assess the application, and upon approval, the design will be officially registered.

Q: What are the criteria for design registration in India?

A: The design has to be new and original, it should not have not been previously circulated to the general public in any manner whatsoever. Usage as DP on social media too is not allowed. Moreover, it should bear no resemblance or exact likeness to any pre-existing design. The Design Office will undertake a thorough assessment to confirm that these prerequisites have been fulfilled.

Q: What is the duration and renewal process of design registration in India?

A: In India, the validity of design registration spans for a decade i.e. a period of 10 years. However the period of registration can be further extended for a period of 5 years through the payment of the specified renewal fee. Timely renewal is crucial to uphold the legal safeguarding of the registered design.

Q: What is the difference between design registration and unregistered design rights in India?

A: Design registration provides formal legal protection and exclusive rights to the designer. Unregistered design rights, on the other hand, offer limited protection and may vary depending on the jurisdiction. Obtaining formal design registration is advisable to ensure comprehensive legal protection.

Q: How does design registration work in the digital age?

A: Design registration in the digital age presents new challenges and opportunities. With the rise of online platforms and digital designs, designers need to consider additional factors such as electronic filing and protecting digital assets. Hence adapting to these technological advancements is critical to safeguard or protect the intellectual property rights.

For understanding the process better, book an expert call here.