Understanding Industrial Design Registration under the Designs Act 2000, Slides of Intellectual Property (IP)

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THE DESIGNS ACT,THE DESIGNS ACT,

What is an indusrial DesignWhat is an indusrial Design

It is a new or original idea in relation to the features of shape, configuration, Pattern, Ornament, Composition of lines or colours or combination thereof applied to any article by an industrial process

Sec 2(d) Design: ……… which in the finished article appeal to and judged solely by eyejudged solely by eye but does not includedoes not include any mode or principle of construction and does not include any Trade Mark or Property Mark and Artistic workArtistic work as defined in clause (c) of section 2 of the Copyright Act’1957.

The Designs Act, 2000 - Definitions The Designs Act, 2000 - Definitions

Shape and configurationShape and configuration

It signifies something solid (in

three dimensions) where an idea is

incorporated into the article

Example - feeding bottle

Pattern, OrnamentPattern, Ornament  It relates to something two dimensional Example- engraving on metal or like ornamentation on carpet by various geometric figures in combination of color etc.  Mere painting of natural scenes or like on plain paper- is not an industrial design

1 8 METAL ENGRAVING

Benefits of RegistrationBenefits of Registration

• (^) Exclusive right to apply design to the

article in the class in which design is

registered.

Better protection and can sue for

piracy of design.

Licensing of design as legal property for

consideration or royalty.

 Scope of definition of terms ‘ Article’ & ‘ Design’ enlarged  Addition of definition of the term ‘Original’  Introduction of delegation of powers to Examiners & other Officers by Controller  codification of non- registerable Designs  Substitution of classification system (Locarno classification)

Designs Act, 2000 - Salient Features Designs Act, 2000 - Salient Features

 Initial term of protection for 10 years, extendable by 5 years on request  Provision for preferring Appeal on the Controller’s order before High Court  Substitution of Applicants before registration of design  Additional grounds for Cancellation of design

Designs Act, 2000 - Salient Features Designs Act, 2000 - Salient Features

 Registration of assignments/transfer of right made mandatory  Penalty for piracy of registered design enhanced  Inclusion of Paris Convention Countries apart from Commonwealth Countries for priority

Designs Act, 2000 - Salient Features Designs Act, 2000 - Salient Features

Sec 2(a) Article:

Means any article of manufacture and any

substance, artificial or partly artificial and partly

natural and includes any part of article capable of

being made and sold separately

The Designs Act, 2000 - Definitions The Designs Act, 2000 - Definitions

Sec.4 - A design which-

(a) is not new or original;not new or original; or (b) has been disclosed to the publichas been disclosed to the public any where 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; or (c) is not significantly distinguishablenot significantly distinguishable from,known designs or combination of known designs; or (d ) (d ) comprises or containscomprises or contains scandalous or obscene matterscandalous or obscene matter

shall not be registered shall not be registered

Prohibition of registration of certain Prohibition of registration of certain designs designs

New or OriginalNew or Original

 Novelty is judged solely by eye w.r.t. external appearance of the finished article  Neither constructional details nor utility of article are relevant for registration  Novelty may reside in its application to article  Absolute novelty- i.e. Not publicly known or used in India or elsewhere.

OriginalOriginal

In relation to design means:

originating from the author of

such design and includes the

cases which though old in themselves

yet are new in their application

[sec 2(g)]