AN ISO 9001 : 2015 CERTIFIED IPR LAW FIRM

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Industrial Design

Design is a feature of shape, configuration, pattern, ornament or composition of lines or colors applied to any article whether in two dimensional or three dimensional or in both forms, by any industrial process or means, whether manual, mechanical or chemical, separate or combined, which in the finished article appeal to and are judged solely by the eye; but does not include any mode or principle of construction or anything which in substance a mere mechanical device, and does not include any trade mark, property mark or artistic work.

To tackle the nefarious designs of the brand counterfeiters, the Designs Act, 2000  with the Designs Rules, 2001 offers design registration that provides protection for visual appeal/appearance of a product. Design registration however does not include functional protection, as this can only be claimed by obtaining a Design Registration.

 

Examples

A Design Must Be

New and Original
Not Disclosed Prior
Distinguishable from Others

Representation

Validity

Registered Design Number _____________

15 Years

Registered Design Application

Prohibition of Registration of Certain Designs:

According to Section 4 of the Indian Designs Act, 2000, the following designs are not registrable:

(a) is not new or original
(b) has been disclosed to the public anywhere in India or in any other country by publication in tangible form or by use or in any other way prior to the filing date, or where applicable, the priority date of the application for registration
(c) is not significantly distinguishable from known designs or combination of known designs
(d) comprises or contains scandalous or obscene matter shall not be registered.

Requirements

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