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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 it’s form is 2 or 3 dimensional or both by any industrial process, mechanical or chemical, manual which in the appealed article is judged by the eye but does not include any principle of construction or anything which is a mere mechanical device without any trade mark. It is defined under clause (v) of sub-section of Section 2 of the Trade and Merchandise Marks Act, 1958 and property mark on artistic works is defined under Section 2(c) of the Copyright Act, 1957.
DESIGNS ARE PROTECTED BY TWO LEGAL RIGHTS IN INDIA:
Design monopoly grant the owner monopoly over his creation. It right aims at restricting anyone from copying or selling the product after the agreement without one’s permit. The design is endowed with copyright protection.
ARTICLE' UNDER THE DESIGNS ACT, 2000
Under the designs act 2000, the article accounts to article of manufacture, artificial, partly natural or artificial along with include any part which is capable to be sold and being made.
SET OF ARTICLES' 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:
REGISTRATION REQUIREMENTS FOR 'DESIGN' UNDER THE DESIGNS ACT, 2000
APPLYING FOR DESIGN REGISTRATION
Anyone can file the application for registration be it the applicant himself or a professional person. However, for the applicants not being residents of India, an agent residing in India has to be employed.
PLACE OF APPLYING FOR DESIGN REGISTRATION
For registration of the design, the person shall submit the documents to the Controller of Designs. The Patent Office at Kolkata, or at any of its branch offices at Mumbai, Chennai and New Delhi.
DURATION AND EXTENTION OF REGISTRATION OF DESIGN
The registration is valid for 10 years from the date of registration. In case of allowance of the priority, the duration is 10 years from the priority date. The initial period of registration may be increased by 5 years on an application made in Form 3 which applied charge of Rs.2000 to the Controller before the expiry of the Copyright period. The proprietor may submit application for the same after the registration of the design also.
CANCELLATION OF REGISTRATION OF A DESIGN
One can cancel the registration of a design anytime after its registration. With a petition for cancellation in form 8 and a fee of Rs. 1500 to the Controller of designs. This can be filed on the following grounds.
RESTORATION OF THE LAPSED DESIGN DUE TO NON-PAYMENT OF EXTENSION FEE WITHIN THE SPECIFIED TIME
In case of non- payment of the extension fee for the period of 5 years and in case of non-payment for the original time period of 10 years, the design will be considered as ineffective.
PIRACY OF A DESIGN
It states that the application of a design or an imitation to any article belonging to the particular class of articles in which design has been registered for the sale purpose and import of the articles without the written consent of the registered proprietor. Publishing or exposing the articles for sale with knowledge of unauthorized design application, also comes under piracy.
PENALTY FOR THE PIRACY OF A REGISTERED DESIGN
If anyone breach the copyright in a design for every violation, he/she is liable to pay a sum not exceeding Rs 25000- to the registered proprietor to 50,000-/ to maximum recoverable as contract debt in any one design. The Proprietor may bring the suit for the damage recovery for any such contravention and for injunction against repetition of the same. The recoverable sum should not exceed 50,000 as contract debt stated in Section 22(2)(a). The Infringement suit and damage recovery should not be filed or mentioned in any court below the District court.
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Rajput Jain and associates is the largest online service platform in India which provides easy solutions in starting their new business at affordable cost. We aim at helping the entrepreneurs at every legal and regulatory step. We stay as your partner during entire business cycle and ensure that the business keeps prospering and remains complaint.
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