Design Registration
Design registration is a type of intellectual property protection under which a newly created design applied to an article created under an industrial process can be protected from counterfeiting. This registration provides authority to the owner to use the Design for ten years, and the time can be further extended for the next five years.
Following are some advantages that an owner can avail after getting registration of a design
- Exclusive rights over the new and original design
- An asset of the proprietor/owner
- Can initiate a legal proceeding in case of infringement by a third-party
- Serve as a prima facie evidence in an infringement suit
- Right to sell, transfer and license the design with ease
The following are essential requirements that need to be fulfilled:
- A design should be Original and new design. This means that it should not have been used or published previously in any country before the date of application of registration.
- A design should be significantly distinguishable from known designs or a combination of known designs
- A design should not comprise or contain scandalous or obscene matter
- A design should not be a mere mechanical contrivance
- A design should be applied to an article and should appeal to the eye
- Any person or the legal representative or the assignee can apply separately or jointly for the registration
- The term “person” includes firm, partnership, small entity, and a body corporate.
- In the case of an NRI, his agent or legal representative need to apply for Design Registration