|The outer appearance of an article or goods can be protected or secured through a registered design patent search under the Indian Designs Act, 2000. The Indian Designs Act recognizes and protects the exclusive rights of the registered proprietor in the design. Once the design stands registered, the protected article goods can be applied or used under the relevant class in which the same has been registered for commercial usage.
Designs play a significant role in the modern world. The other side of the spectrum is that the designing activity is the realm of industrial production under a few sectors. Appreciating and addressing the paradigm shift in the concept of industrial designs, India recently amended its Designs Act to suit the latest industrial and business requirements in the Country. The objective of the design registration is to ensure that the artisan, creator, originator of the design having a particular shape, figure, pattern, .etc is not deprived of his certified reward.
|A design patent search to be registered must be novel, new, original. The Term original means something which the author must have designed with his own skill and labor, and must only be originating from the author. Most countries provide for national design legislation providing for a mechanism to register the designs in the respective territories. The process of registration usually starts from the filing of applications for registration of designs in the prescribed format, removing the objections, if any, approving of the application by the Examiner, and culminating in design registration. India has assumed a new classification that conforms to the Locarno Classification of industrial designs. India is also one of the parties to the Paris Convention.
The design sought to be registered should be novel or original, not previously disclosed or published or used in any country worldwide before the date of application for registration. The design should not contain and include any Trade Mark or property mark or artistic works, etc. The Industrial plans, layouts, and installations are not registerable under the Indian Designs Act.
The design must appear and should be visible on the finished article or should appeal to and is to be judged solely by the eyes. Any mode or principle of construction or operation or anything which is in substance a mere mechanical device, would not be registerable as a design.
The cutting edge of our firm also includes an enforcement team, which boasts of experience in all kinds of intellectual property enforcement in a broad spectrum consisting of diversified products and services. Immense expertise coupled with an understanding of Intellectual property Laws, modus operandi of counterfeiting in various industries viz. FMCG, pharmaceuticals, entertainment, software, hardware. The firm on engagement has the capability and experience of successfully conducting simultaneous multiple actions about infringement of intellectual rights in different regions of the country.
The registration and protection of industrial designs in India are administered by the Designs Act, 2000, and corresponding Designs Rules, 2001 which came into force on 11th May 2001 repealing the earlier Act of 1911. The Design Rules 2001, was further amended by Designs (Amendment) Rules 2008 and Designs (Amendment) Rules 2014. The last amendment in Designs Rules came into force from 30th December 2014, which incorporates a new category of the applicant as a small entity in addition to a natural person and other than a small entity.
The industrial design recognizes the creation of new and original features of new shape, configuration, surface pattern, ornamentations, and composition of lines or colors applied to articles which in the finished state appeal to and are judged solely by the eye.
To establish a Quality Management System (QMS) in respect of design registration activities, the office of the CGPDTM has acquired ISO 9001:2008 certification for the Design application registration process. The accreditation was awarded by the BSI (British Standard Institution) on 13/04/2015. Currently, the certificate is valid up to March 2018 subject to yearly Continuous Assessment Visit (CAV) audits. The ISO 9001: 2008 certificate has been awarded for the scope of “Protection & maintenance of Industrial Design through registration relating to an article of manufacture and any substance under the provisions of Designs Act, 2000.”
|1||Act of 2000|
|3||Design (Amendment) Rules, 2014|
|4||Designs (Amendment) Rules 2008|
|5||General Information Booklet for Registration of Design|
|6||Ten Steps to Design application|
Patent Search Company’s design patent search services have helped many fortune 500 companies in taking their valuable decisions. Our reports are tabled in several court cases.
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