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Design means only the features of shape, configuration, pattern or ornament or composition of lines or color or combination thereof applied to any article whether 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 any thing which is in substance a mere mechanical device and does not include any trade mark, as defined in clause (v) of sub-section of Section 2 of the Trade and Merchandise Marks Act, 1958, property mark or artistic works as defined under Section 2(c) of the Copyright Act, 1957.
IN INDIA, DESIGNS ARE PROTECTED BY TWO LEGAL RIGHTS:
Design registration in India gives the owner, a monopoly on his or her product, i.e. the right for a limited period to stop others from making, using or selling the product without their permission and is additional to any design right or copyright protection that may exist automatically in the design.
ARTICLE' UNDER THE DESIGNS ACT, 2000
Under the Designs Act, 2000 the "article" means any article of manufacture and any substance, artificial, or partly artificial and partly natural and includes any part of an article capable of being made and sold separately.
SET OF ARTICLE' UNDER DESIGNS ACT 2000
If a group of articles meets the following requirements then that group of articles may be regarded as a set of articles under the Designs Act, 2000:
ESSENTIAL REQUIREMENTS FOR THE REGISTRATION OF 'DESIGN' UNDER THE DESIGNS ACT, 2000
APPLYING FOR REGISTRATION OF DESIGN
The application for registration of design can be filed by the applicant himself/herself or through a professional person (i.e. patent agent, legal practitioner). However, for the applicants not being residents of India, an agent residing in India has to be employed.
PLACE OF APPLYING FOR REGISTRATION OF DESIGN
Any person who desires to register a design shall submit the following documents to the Controller of Designs, The Patent Office at Kolkata, or at any of its branch offices at New Delhi, Mumbai and Chennai.
DURATION OF THE REGISTRATION OF A DESIGN AND ITS EXTENSION
The duration of the registration of a design is initially ten years from the date of registration but in uses where claim to priority has been allowed, the duration is ten years from the priority date. This initial period of registration may be extended by further period of 5 years on an application made in Form-3 accompanied by a fee of Rs. 2,000/- to the Controller before the expiry of the said initial period of Copyright. The proprietor of a design may make application for such extension even as soon as the design is registered.
CANCELLATION OF REGISTRATION OF A DESIGN
The registration of a design may be cancelled at any time after the registration of design, on a petition for cancellation in form 8, with a fee of Rs. 1,500/- to the Controller of Designs, on the following grounds:
RESTORATION OF THE LAPSED DESIGN DUE TO NON-PAYMENT OF EXTENSION FEE WITHIN PRESCRIBED TIME
A registration of design will cease to be effective on non-payment of extension fee for further term of five years, if the same is not paid before the expiry of original period of 10 years. However, new provision has been incorporated in the Act so that lapsed designs may be restored, provided the following conditions are satisfied:
PIRACY OF A DESIGN
Piracy of a design means the application of a design or its imitation to any article belonging to class of articles in which the design has been registered for the purpose of sale or importation of such articles without the written consent of the registered proprietor. Publishing such articles or exposing them for sale with knowledge of the unauthorized application of the design to them also involves piracy of the design..
PENALTY FOR THE PIRACY OF A REGISTERED DESIGN
If anyone contravenes the copyright in a design for the every contravention he/she is liable to pay a sum not exceeding Rs. 25,000/- to the registered proprietor subject to a maximum of Rs. 50,000/- recoverable as contract debt in respect of any one design. The registered proprietor may bring a suit for the recovery of the damages for any such contravention and for injunction against repetition of the same. Total sum recoverable shall not exceed Rs. 50,000/- as contract debt as stated in Section 22(2)(a). The suit for infringement, recovery of damage should not be filed in any court below the court of District Judge.
Our Designs services may include following :
Private Limited Companies are those types of companies where minimum number of members is two and maximum number is two hundred. A private limited company has the limited liability of members but at the same time it has many characteristics as those of a partnership firm. A private limited company has all the advantages of partnership namely flexibility, greater capital combination of different and diversified abilities, etc., and at the same time it has advantages of limited liability, greater stability and legal entity. In this sense, a private limited company stands between partnership and widely owned public company. Identifying marks of a private limited company are name, number of members, shares, formation, management, directors and meetings, etc., The maximum number of directors shall have to be mentioned in the Articles of Association. In the grand of privileges and exemptions, the Companies Act has drawn a distinction between an independent private company and other private company which is a subsidiary to the other public company.
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