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DESIGN

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WHAT IS MEANT BY DESIGNX7

“Design” Means Only The Features Of 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, Which In The Finished Article Appeal To And Are Judged Solely By The Eye; But Does Not Include Any Mode Or Principle Of Construction Or Anything Which Is In Substance A Mere Mechanical Device, And Does Not Include Any Trade Mark As Defined In Clause (V) Of Sub-Section (1) Of Section 2 Of The Trade And Merchandise Marks Act, 1958 Or Property Mark As Defined In Section 479 Of The Indian Penal Code Or Any Artistic Work As Defined In Clause (C) Of Section 2 Of The Copyright Act, 1957.

WHAT CAN BE REGISTERED AS A DESIGN

A Design, shall not be registered, which:

(a) Is not new or original; or

(b) Has been disclosed to the public anywhere in India or in any other country by publication in tangible

form or by use or in any other way prior to the filing date, or where applicable, the priority date of the

application for registration; or

(c) Is not significantly distinguishable from known designs or combination of known designs; or

(d) Comprises or contains scandalous or obscene matter.

NEW CATEGORY OF APPLICANT

As per The Design Rules, 2001 as amended by (Amendment) Rules, 2014, a new category of applicant namely person other than a natural person i.e. SMALL ENTITY has been introduced.

SMALL ENTITY- MEANS AS FOLLOWING RESPECTIVELY

  1. In case of an enterprise engaged in the manufacture or production of goods, an enterprise where the investment in plant and machinery does not exceed the limit specified for a medium enterprise under clause (a) of sub section (1) of section 7 of the Micro, Small and Medium Enterprises Development Act, 2006;

Classification of enterprises.—

(1) Notwithstanding anything contained in section 11B of the Industries (Development and Regulation) Act, 1951 (65 of 1951), the Central Government may, for the purposes of this Act, by notification and having regard to the provisions of sub-sections (4) and (5), classify any class or classes of enterprises, whether proprietorship, Hindu undivided family, association of persons, co-operative society, partnership firm, company or undertaking, by whatever name called,—

(a) In the case of the enterprises engaged in the manufacture or production of goods pertaining to any industry specified in the First Schedule to the Industries (Development and Regulation) Act, 1951 (65 of 1951), as—

(i) A micro enterprise, where the investment in plant and machinery does not exceed twenty-five lakh rupees;

(ii) A small enterprise, where the investment in plant and machinery is more than twenty-five lakh rupees but does not exceed five crore rupees; or

(iii) A medium enterprise, where the investment in plant and machinery is more than five crore rupees but does not exceed ten crore rupees;

  1. In case of an enterprise engaged in providing or rendering of services, an enterprise where the investment in equipment is not more than the limit specifies for medium enterprise under clause (b) of sub section (1) of section 7 of the Micro, Small and Medium Enterprises Development Act, 2006

(b) In the case of the enterprises engaged in providing or rendering of services, as—

(i) A micro enterprise, where the investment in equipment does not exceed ten lakh rupees;

(ii) A small enterprise, where the investment in equipment is more than ten lakh rupees but does not exceed two crore rupees; or

(iii) A medium enterprise, where the investment in equipment is more than two crore rupees but does not exceed five crore rupees. Explanation 1.—For the removal of doubts, it is hereby clarified that in calculating the investment in plant and machinery, the cost of pollution control, research and development, industrial safety devices and such other items as may be specified, by notification, shall be excluded. Explanation 2.—It is clarified that the provisions of section 29B of the Industries (Development and Regulation) Act, 1951 (65 of 1951), shall be applicable to the enterprises specified in sub-clauses (i) and (ii) of clause (a) of sub-section (1) of this section.

EFFECTS OF A REGISTERED DESIGN

Once a design is registered, it gives to the registered proprietor thereof, the copyright over same, for a period of ten years from the date of registration, which can be extended for a second period of five years from the expiration of the original period of then years, by the virtue of making an application in prescribed manner to the controller on payment of prescribed fee.

LEGAL PROCEEDINGS PERTAINING TO A REGISTERED DESIGN

During the existence of copyright in any design it shall not be lawful for any person-

  • For the purpose of sale to apply or cause to be applied to any article in any class of articles in which the design is registered, the design or any fraudulent or obvious imitation thereof, except with the license or written consent of the registered proprietor, or to do anything with a view to enable the design to be so applied; or
  • To import for the purposes of sale, without the consent of the registered proprietor, any article belonging to the class in which the design has been registered, and having applied to it the design or any fraudulent or obvious imitation thereof, or
  • Knowing that the design or any fraudulent or obvious imitation thereof has been applied to any article in any class of articles in which the design is registered without the consent of the registered proprietor, to publish or expose or cause to be published or exposed for sale that article.
  • If any person acts in contravention of the above laws , he shall be liable for every contravention-
  • To pay to the registered proprietor of the design a sum not exceeding twenty-five thousand rupees recoverable as a contract debt, or
  • If the proprietor elects to bring a suit for the recovery of damages for any such contravention, and for an injunction against the repetition thereof, to pay such damages as may be awarded and to be restrained by injunction accordingly
  • Provided that the total sum recoverable in respect of any one design under clause (a) shall not exceed fifty thousand rupees
  • Provided further that no suit or any other proceeding for relief under this subsection shall be instituted in any court below the court of District Judge.

For more queries you may visit the Indian IP Site using the below given link:
http://www.ipindia.nic.in/faq-designs.htm