At times it becomes necessary for an entity like an individual or firm to register their design so that no one can copy their design. Design can be shape, ornament, pattern, the composition of lines, color combination, or some aesthetic aspect of a product or article that can be seen by the eyes. The design can be either 2D or it can even be 3D.
To get a design registered, it must be new and original, it should relate to features of shape, configuration, pattern or ornament applied to an article, it must be applied to any article by an industrial process and the design must be visible and should appear on an article, obscene, offending, contradictory to public order or should not be controversial in any manner.
Validity of Design Registration?
Designs registered under the Designs Act are protected for a time period of ten long years, which can be further renewed for another five years. Moreover, design registration is mostly applicable only to designs that are applied by an industrial process. However, design registration is not mandatory but we always advise our clients to get designs registered, to protect its uniqueness and originality.
What is the process for Design Registration?
You will have to submit your application for the registration of the design along with 4 copies of the design. A statement of uniqueness should also be submitted, which refers to a statement of how the design is unique. The design which is represented in the 'representation of the design' i.e. application submitted should be exactly the same as the design or exact copies of the design.