Design registration helps creators and companies safeguard the aesthetic features of their products. This is done under the Designs Act, 2000 and Designs Rules, 2001 in India. By registering a design, the creator owns the ability to utilize, manufacture, sell or import items featuring their design. In this blog, we talk about the documents needed for design registration in India for a successful application.
Understanding Design Registration
First of all, know what design registration involves before you start examining the documents needed. A design is any form, configuration, pattern, ornament, or composition of colors and lines applied to some article, in two or three dimensions. The design must be original or new, not in the past published in virtually any nation and certainly different from known designs or combinations.
Why Register a Design?
The advantages of registering a design consist of:
- Exclusive Rights: The owner retains the exclusive right to use the design for 10 years with a 5 – year extension.
- Legal Protection: It offers legal protection from unauthorized reproduction or imitation of the design.
- Competitive Edge: It keeps competitive edge by guaranteeing uniqueness of product in market.
- Monetary Benefits: It may earn additional revenue by licensing or selling the registered design.
Key Documents for Design Registration
The following documents are necessary for applying for design registration application in India:
1. Design Specification
- Description: Description of the design with particular features. This ought to specify the aesthetic features that make the design unique amongst competitors.
- Drawings & Representations: Accurate drawings or photos of various perspectives of the design. They need to include front, right side, left side, rear, bottom and top views if necessary.
- Statement of Novelty: A statement highlighting the novel/original aspects of the design. This helps determine what areas of the design are unique and must be protected.
2. Form-1 (Application Form)
- Applicant Details: Name, nationality and address of applicant. In case the applicant happens to be a company, details of the registered business office are needed.
- Design Details: Information about the design (title of design), class and subclass under which the design is categorized by the Locarno Classification.
- Priority Claims: In case the design was filed in another country previously, details of such prior application must be supplied.
3. Power of Attorney
This document authorizes a representative (generally a patent agent or lawyer) to act for the client throughout the design registration process. It shall be signed by the representative and the applicant.
4. Priority Document (if applicable)
In case the applicant asserts priority based on an earlier application submitted in a convention nation, a certified copy of that application together with its English translation (if not in English) is necessary. This specifies the priority date of the design application.
5. Proof of Applicant’s Identity
- For individuals: A copy of a government issued ID like a passport or voter ID or Aadhaar card.
- For companies: Copy of the document of incorporation along with evidence of location of the registered office.
6. Affidavit (if required)
In which the applicant isn’t the initial creator of the design, an affidavit should be filed describing the way the applicant obtained the rights to the design. This might include assignments or agreements to assign the rights from the original creator to the applicant.
Steps of the Design Registration Process
Here are the steps for the design registration process:
- Drafting the Design Specification: Prepare a design specification including description, drawings and statement of novelty. This step is essential since it’s the basis for the application.
- Filing the Application: Complete Form-1 with needed details and attach the design specification. In case claiming priority include the priority document. Also submit Power of Attorney if a representative is involved.
- Fees Payment: Pay the appropriate fees as per the category of the applicant (natural person, small entity, or big entity). The fee structure varies – pay the right amount to prevent delays.
- Formality Examination: The Design Office holds a formality examination to confirm that all documents are in order and meet The requirements. Any discrepancies must be corrected within a particular period.
- Examination of Novelty: The design Office investigates the Design for originality and novelty. This includes comparing the design to existing designs to determine eligibility.
- Publication and Opposition: If the design passes the examination it’s published in the Patent Journal. Third parties could oppose the registration during the publication period. In case no opposition is filed the design goes to registration.
- Registration & Certification: Upon registration, the applicant receives a certificate of registration confirming the design’s legal protection.
- Published in Patent Journal: The registered design is notified in The Patent Journal, making The public informed about its legal existence. The registration is for ten years and could be extended for 5 years on request.
Conclusion
Design registration in India protects the aesthetic elements of a product. Understanding and preparing the necessary documents can help creators and businesses register their designs and defend them legally.
With exclusive rights, legal protections and prospective monetary incentives, design registration is essential for people who want to protect their distinctive designs and make money.
FAQs
What’s needed for design registration?
New or original, not published before, and drastically different from other designs are required to register a design in India. The application needs to include a design specification, Form-1, Power of Attorney (in case applicable), identification and any priority documents.
How much will design registration cost?
The cost of design registration depends upon applicant type: – Natural Person: INR 1000 (single) INR 1500 (joint) – Small Entity: INR 2000 (single) INR 3000 (joint) – Large Entity: Examination along with other phases charge extra fees INR 4000 (single), INR 6000 (joint).
What must a design be registered for?
A design has to be original or new, not ever released, and drastically distinct from existing designs. It should have the aesthetic features of ornamentation, pattern, configuration, or shape put on to an article, and should have no obscene or scandalous matter.
Where do I register a design agency?
You have to register a design agency in India as a legal business unit (individual, company or partnership), obtain the required business licenses and engage professionals. Register the agency with professional bodies and follow legal requirements for running a design business.
What is a certificate of registration of design?
A certificate of registration of design is an official document issued by the design Office upon successful Design registration. It confirms the design is legally protected and the owner is able to use the registered design to produce and promote merchandise with it.
How can you register a designer in India?
A designer generally must take a specialist course from an authorized institution, obtain experience, and join expert organizations like the Indian Design Council to register as a designer in India. For specific Design protections, register your designs with the design Office.
