Intellectual Property Right is a right given to only the owner or creator of the production. It means that no other person can copy that product or creation. In short Intellectual Property Rights means right on the property created by one’s own intellect. However, it must be kept in mind that for their better protection it is suggested to register them. There are many kinds of Intellectual properties under the IPR laws of India. Those are Patent registration, Copyright registration, Trademark registration, Geographical Indication and Design registration. In this blog we will be talking about Design and criteria for a design registration. If you are the one who is thinking about registering such kind of intellectual property, you must read the present write up till its end in order to understand the criteria for a design registration thoroughly.
What do you Mean by Design?
It is important to under design in order to know about the criteria for a design registration. Hence we have discussed it here. In common words design means the shape, pattern etc. of a product. For example the shape of a Pepsi bottle. The definition of Design is given under section 2(d) of the Designs Act, 2011. According to which, design refers to the appearance of a product, whether it’s the shape, pattern, color, or composition, created through any industrial process or method. This appearance is judged solely by the eye and doesn’t include anything purely mechanical or functional.
Advantages of Design Registration in India
Some of the key advantages of design registration are given below:
Exclusive Rights
The person who has created the product is the creator of that design. Almost all types of products have some kind of design. That design cannot be copied or stolen by any other person without the permission of the creator of the same. The creator has exclusive rights over it. However, this is only possible if design has been registered. Hence one must take registration over the design which he or she has created.
Legal Protection
After Registration of the design, no one dares to copy it. However, if someone ends up copying it, then the creator can file a case against him. This case will be for the violation of the intellectual property rights. However, filing a case against another is only worthy if the registration is done as after registration you will get the registration certificate which will be proved as evidence before the court of law.
Acts as Evidence
Registration is a firm proof that the design is your creation. If any third party copied your design then you need to prove before the authorities that this particular design is your creation which is not easy to prove without registration. Certificate of registration is acceptable as a proof of evidence in the court of law, hence it makes your design safe in the market among the various competitors.
Sell or Transfer
The creator has to register his design. Once his design is registered he can sell the design if he wants or he can also transfer his right. Transferring rights means giving someone else the authority to use it. So without permission no one steals the design. Only if the owner wants then only design can be used. For this one can charge as well.
Essential Criteria for a Design Registration
It is not that every Design can be registered. Registration too has some criteria. These criteria for a design registration have to be followed. Otherwise the design cannot be registered. Some of such criteria for a design registration are given below:
- The design must be original.
- That it must not be copied or stolen.
- Only if the design passes the originality test, then it can be registered.
- The design must be new. That means the same design must not be of some other product.
- It must not be used or registered somewhere else by someone else.
- The design must be unique.
- One should be able to differentiate between designs of two products.
- It must be kept in mind that the design must not contain anything which affects the public morality.
- There must not be anything which harms human culture.
- It must be decent.
- It must not contain anything vulgar.
Who is Eligible for Design Registration?
Following are the one who falls under the criteria for a design registration and apply for the same:
- The one who create the design,
- The legal representative of the one who has create the design,
- Assignee of the original creator
- Any person which includes the partnership firm, corporate body or small business.
- These 3 above people can apply for registration separately or jointly.
- If any Non- Resident of India wants to apply for registration then he can do so through any legal representative or agent.
Documents Required for Design Registration in India
Some of the key documents for the registration of design in India are:
- Name of the Applicant
- Address of the Applicant
- Whether applicant is a company or a natural person
- Description of the product or article
- In addition to the application, 4 photographs of the design have to be attached.
- Photograph of the applicant which must be recent one
Validity for Design Registration
Only those who are falling under the criteria for a design registration, can register their design in India. Once Design is registered, then the registration remains valid for a period of 10 years. However, there is a facility of extension for more than 5 years after the expiry. Fees have to be paid to get the extension. If the extension is not done in time, then design can lapse. However, this too has a remedy. The lapsed design can be restored within one year. This one year is counted from the date when the design lapsed.
Conclusion
Criteria for a design registration includes that it must be unique and new, must not be copied and it must be original. Registration of the design is not mandatory, however, for the better protection of the rights over their design, registration is a better option. Registration must be done by filling an online registration form. Then the design has to be checked by the registration authorities. If they are satisfied then registration is successfully granted.
