Have you ever wondered what brings customers back to a particular product or innovation? While there are many reasons, design is an essential criterion that tells how a product looks. This can impact a customer’s choice to buy it. A distinctive design can make a product shine, while a much less attractive design might go unnoticed.
This is where design registration becomes necessary. In India, design registration is under the Designs Act of 2000 and the associated Designs Rules of 2001. This article discusses the importance of design registration in India, its advantages and validity of the design registration certificate.
What is Design Registration?
In the sense of design registration, a ‘design’ includes the unique characteristics of shape, figure, color and design placed on an article. This could be two dimensional, three dimensional or both, created by any manufacturing method or technique.
The design should be original and new, and it must be visually appealing to draw in consumers. This definition excludes any mode, construction, standard, or anything else mechanical. Additionally, it excludes any recognized trademark (defined in the Trade and Merchandise Marks Act, 1958) along with visual work (defined in the Copyright Act, 1957).
Purpose of Design Registration
The principal purpose of design registration is protecting novel or original designs produced and to be applied to a certain article by an industrial procedure. With a design registered, the owner owns the right to work with the design for a specific time period without the capability to reproduce it or mimic it. This legal protection promotes innovation and creativity and also gives companies in the marketplace an advantage.
Why Register Your Design?
A unique industrial design incorporates different or new product features recognizable by distinct shapes, patterns, forms, decorations or mixtures of colors or shapes. A spectacular design is eye – grabbing and positively influences customers. Some reasons a company should register its design:
- Legal Protection: Design registration offers a legal shield against copying or misuse of the creation by others.
- Encourages Innovation: It encourages creativity and innovation by ensuring the designer is paid for their unique work.
- In Compliance with International Standards: It’s a legal requirement for most enterprises headquartered in WTO member states which have signed the TRIPS agreement (Trade Related Aspects of Intellectual Property Rights).
Validity of Design Registration Certificate
The validity of the design registration certification in India is initially 10 years from the time of registration. This period may be extended by 5 more years, therefore making the total attainable period of protection fifteen years. Let’s look at the validity period and extension process in detail:
Initial Validity Period
The registration certificate for a design lasts for 10 years from the date of registration whenever the design is created. This initial period provides the design owner the ability to use the design alone and prohibit others from doing this without authorization.
Extension of Validity Period
The original ten year period could be extended for 5 years by submitting an application in the recommended form to the Controller of Designs. The application for extension needs to be produced by the earlier expiration of the first 10 years and the appropriate fee paid. This extension provides the design owner exclusive rights for 15 years from the date of registration.
Restoration of Lapsed Designs
When a registered design lapses because of non-payment of the extension fee, the designer can apply for restoration. The application for restoration has to be submitted within a year after the time the extension fee wasn’t paid.
The application needs to contain the prescribed form and also the appropriate fee. If the Controller is satisfied with the reasons for non-payment the design registration can be restored and owner’s rights restored.
Benefits Associated with Design Registration
Design registration offers several benefits to the design owner facilitating commercial success and marketing of the product. The benefits include:
- Higher Market Value: A well designed product is marketable and attractive.
- Legal Recourse: Whenever a design is registered, the proprietor may sue anybody who copies or imitates the design. This keeps the design unique and the owner’s interests protected.
- Proof of Ownership: Design registration is proof of ownership in case of a dispute regarding the product’s ownership or originality.
- Competitive Edge: Unique or imaginative design sets a product distinct from others in the marketplace.
- Monetary Benefits: Registered designs may be licensed or even offered for money for the proprietor. This could be a source of income for businesses which spend money on new designs.
Conclusion
Design registration in India is a required legal procedure which safeguards innovative and original designs. The Designs Act of 2000 and the associated Designs Rules of 2001 regulate the registration of works of art by designers or businesses. The design registration certificate has a ten year original validity that can easily be extended for 5 extra years. This protection encourages innovation and creativity and provides the marketplace a competitive edge.
Design registration enables greater market value, legal recourse, proof of ownership and competitive edge. By registering a design, businesses safeguard their unique creations.
Design registration protects the creative effort of designers while promoting the products commercially and marketable. Thus, companies & designers must consider design registration as a defensive measure to safeguard their intellectual property and also acquire an edge in the marketplace.
FAQs
How long is a design valid in India?
A design is valid for ten years from the day of issue and may be restored for five years after that, for A complete validity of 15 years.
How long does designs protection in India last following registration?
The first 10-year protection period is 10 years plus five years on application for a total of 15 years protection.
What is a certificate of registration of design?
A certificate of registration of design is an authorized document from the Controller of Designs that verifies that a particular design is registered under the Designs Act of 2000.
Is design registration necessary?
No, design registration isn’t necessary. Nevertheless, it is strongly recommended as it gives the design owner legal protection and exclusive rights.
Which designs cannot be registered?
Designs that are not new or original, strictly functional, or containing obscene or scandals can not be registered. Also excluded are artistic works and trademarks under copyright rules.
Can I register my design myself?
Yes. For registration, your design must be new, original and never previously published in any country. The design must also not be functional and also contain prohibited matter.
How much does design registration cost in India?
The cost varies depending on applicant (individual, small entity or others), government fees and professional fees in case using a lawyer.
