To put it rather broadly, design is an outer characteristic of an article which is visible to the naked eye. It refers to the features of any shape, pattern or construction of lines and colors and may be two or three dimensional. Design is different from a trademark and also does not include the process of construction of that design. Therefore it is important to have a proper distinction between them to avoid any confusion.
Design is governed under the Design Act of 2000 which provides exclusive rights to the creator of design to protect any shape, patterns, features, configuration or ornaments.
What can be registered under the Design Act?
To get registered under the design act, a design is required to be original and one which has not been disclosed to the public before the registration process starts. The design should be unique and proper.
Why it is important to get the design registered.
The registered design provides various rights to the creator or the owner of the design from being misused and to secure the originality of that design. The registered design gives an authority to the creator or owner to secure the design for ten years and also the time period can be extended in the future for five more years.
Advantages of Design Registration:
- A registered design provides the platform to enhance the commercial value and also increase the marketability of the product.
- In case of infringement the owner can file a suit under the Design Act.
- It protects the design from being copied and guarantees the authenticity of the design to be exclusive from others.
- Registration of Design also protects the product/packaging of design.
- It provides an identity to the design and its creator among the existing products.
Documents Required for Registration:
Certified copies of following documents are required:
-Affidavit
-Declaration Certificate
-Other public documents at the time of payment of a fee
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