8/9/2019 Designs an Important Intellectual Property Right

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 Designs another important arm of IPR:-

Well do you know that we have Designs law to protect our IP rights related to the

novel and new designs developed in relation to objects example cars,electric

iron,pens,staplers,etc............

 And now after the judgement by the High Court of Delhi it has become clear that 

even the designs of the Garment designers also fall in the domain of Designs law.

 However there is an embargo that design should not have been published before

the application is made for the registration of the designs under The Designs Act.

After the registration of the designs under the Designs Act, the right holder has those

monopoly rights for a period of 15 years.

 Designs :::

In India the law of designs is governed by The Design Act, 2000.

The Act provides that

"Design" means only the features of shape, configuration, pattern, ornament or 

composition of lines or colours applied to any article whether in 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 anything which is in substance a mere mechanical device.

 Prohibition of registration of certain designs.

A design which

(a) is not new or original; or 

 b) has been disclosed to the public anywhere 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 distinguishable from known designs or combination of known

designs; or 

(d) comprises or contains scandalous or obscene matter 

shall not be registered.

 DOCUMENTS REQUIRED FOR THE REGISTRATION OF A DESIGN 

8/9/2019 Designs an Important Intellectual Property Right

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1.Name of the Article.

2.Five Copies each of the photographs of the Article from each side like Front

View,Back view,Side View,The other side view,Perspective view or other possible

view.

3.Name of the applicant

4.Name of the Partners/Directors

5.Office address.

6.Trade description:- Whether Manufacturer/ Merchants/Both .

7. In case of an earlier application in convention country then priority documents.

8.Power of Attorney in our favour.(no need of legalization)-language given below:-

 Right on registration:-

When a design is registered, the registered proprietor of the design shall, have

copyright in the design during ten years from the date of registration.

 Renewal 

If, before the expiration of the said ten years, application for the extension of the period of copyright is made to the Controller in the prescribed manner, the Controller 

shall, on payment of the prescribed fee, extend the period of copy-right for a second

 period of five years from the expiration of the original period of ten years.

POSTED BY:-

Summit Aggarwal 

 ABC REGISTRATION SERVICES

C-36,MAHENDRU ENCLAVE.LANE NO.4,

OPPOSITE MODEL TOWN-III,

NEW DELHI-110009,INDIA.

MOBILE:- 09811041240.

LANDLINE:- 91-11-65164123

FAX:- 91-11-47060871

WEBSITE:- www.iprindia.in