Protection of Industrial Designs in India

Introduction

The law of industrial designs aims to safeguard and regulate the innovations and creations related to industrial design, which is recognized as one of the seven categories of intellectual property under the TRIPS Agreement. The law intends to protect the rights of the owners of industrial design by providing procedural and substantive provisions that comply with international standards. Although some countries protect it under patent law as "patent designs," industrial designs, which have become a powerful commercial tool, possess features of either artistic work or functional appeal that are not covered under either copyright or patent law. Therefore, a separate category of designs was required to regulate them.

MEANING OF DESIGN UNDER DESIGN ACT, 2000

According to section 2(d) of the Design Act, of 2000, a Design refers to the shape, pattern, configuration, or ornamentation applied to any article using an industrial process. This can be in two-dimensional, three-dimensional, or both forms. The final product can only be judged by sight and must not include any mode of construction, mechanical devices, or artistic works. Additionally, it must not include any trademark or property mark.

ESSENTIAL REQUIREMENT FOR THE REGISTRATION OF DESIGN

Before registering a design, certain requirements must be met.

1. It should be novel and original

In order for a design to be eligible for registration, it must meet two key requirements - novelty and originality. This means that the design should not have been produced or published before and should be unique in nature. Additionally, a combination of two or more previously published designs can only be considered for registration if the resulting combination generates new and distinctive visuals or designs. By meeting these criteria, a design can be successfully registered for legal protection.

2. It should not be published previously

When seeking registration for a design, it is important to ensure that the design has not been made publicly available before. This includes any previous publications of the design. Even if a copy of the design has been made available in a public library, this may be considered sufficient to constitute publication. Therefore, in order to obtain registration for the design, it must not be accessible to the public in any form.

3. Design should not be contrary to order and morality

When submitting a design for registration in India, it is important to ensure that the design does not go against the principles of morality and order. Additionally, the design must not be prohibited by the Government of India or any authorized institution. It is worth noting that designs that have the potential to cause disturbance or breach of public order and peace will not be considered for registration. It is essential to keep these guidelines in mind while submitting a design to ensure its approval.

PROCEDURE FOR REGISTRATION OF DESIGN IN INDIA

1. Filing an application

To register a design in India, the initial step is to file an application with the patent office. The application must be made in the prescribed form and accompanied by the appropriate fees. When submitting the application, it is essential to specify the particular class for which the design is intended and the specific articles to which it will be applied. It is important to note that separate applications must be lodged for each class of items. By following these steps, the design registration process can begin, allowing for legal protection and exclusive rights to the design in India.

2. Examination

When someone submits an application for design registration, the designated controller will begin an extensive examination process to determine if the design is eligible for registration. During the examination, the controller will conduct a thorough assessment of the design to ensure that it satisfies all the necessary requirements for registration. If the examiner determines that the design meets the criteria, the controller will proceed to accept the application and take the required steps for the registration process to begin.

3. Communication of objections

Once an individual or entity submits a patent application, a trained examiner will thoroughly review it for any errors or issues. If any such errors or issues are identified, the examiner must notify the applicant of their findings. The applicant will then be required to address and rectify all the objections within a specified time frame of three months. If the objections are not resolved within this given time period, the application will be deemed withdrawn. However, if the applicant successfully addresses all the objections, they must resubmit the corrected application within six months from the official date of the application for it to be accepted by the Patent Office.

4. Publication

Once a design application is accepted by the patent office, it goes through a meticulous process overseen by the controller. In order to comply with legal regulations, the controller is responsible for publishing the design's necessary details. This publication is done in a manner that is also prescribed by the law. Once the design is published, it becomes accessible for public inspection, which means that anybody can view it. Finally, upon successful registration of the design, the controller will issue a certificate of registration to the rightful owner of the design, indicating that the design is now fully protected under the law.

Benefits of Registration

Design, as an intellectual property, refers to creations of the mind, such as designs for industrial articles that are ultimately used in commerce. It is the result of a person's intellectual activities. When a design is registered, it provides the legal right to take action against those who infringe upon the design right. This action can be taken in court, but not lower than the district court, in order to stop such exploitation and claim any damages to which the registered proprietor is legally entitled. It's important to note that if the design isn't registered under the Designs Act 2000, there will be no legal right to take action against the infringer under the provisions of the same act. The individual who owns a registered industrial design possesses the right to prohibit other parties from manufacturing, selling, or importing items that contain or reflect a design that is an imitation or substantially similar to the protected design, when such actions are taken for commercial purposes.

Conclusion

The Designs Act, of 2000 governs the protection of industrial designs in India. To secure registration for a design, it must meet requirements such as novelty and originality. The registration process involves filing an application, examination, and publication of design details. Benefits of registration include legal recourse against infringement, seeking damages in court, and establishing a foundation for intellectual property rights. Industrial design protection is crucial for fostering innovation and ensuring fair competition in the commercial landscape of India.