Who All Can Apply for Design Registration
Configuration Means just the highlights of shape, example or arrangement of line or shading connected to any article in 2D or 3D design by any manual or mechanical procedure which can be made a decision by eyes.
It does exclude any Trade mark or masterful work (under copyright)
Owner of another or unique structure Includes -
(1) Author of structure
(2) An individual who gets the structure executed by other individual and
(3) An individual who gains configuration directly from a creator.
The application for configuration can be made by any individual who professes to be an owner of new or unique structure can be made to the Controller. An application will be made in a recommended arrangement and will be joined by four duplicates of portrayal of the structure and endorsed charge. This application can be sent by hand or by enlisted post.
An application will express the class to which such plan is to be enlisted. The Designs Rules, 2001 recommends order under which application can be favored. On application, if any complaint appears to Controller, which requires change in an application, he may convey the rundown of such protests to the candidate. A candidate will evacuate/fathom the protests inside a half year. Under Sec 6, Design is enrolled for all or any of the articles involved in a specific class. Where configuration is enlisted for any one article going under given a solitary arrangement, the application for same structure however for some other article in a similar order can be conceded to a similar candidate.
State 'Container' and 'sack' goes under a similar arrangement and in the event that anybody has gotten plan under 'bottle' he himself won't be declined from acquiring a similar structure for 'pack'. The Controller can either give or deny the application. On refusal, the individual bothered can incline toward an intrigue to High Court. The Controller will allow an endorsement of enrollment to the candidate and distribute the reality of enlistment of the plan. A register of plans is kept at the Patent Office, in which all specifics of a structure will be entered. Such register is by all appearances proof of any reality in regards to structure.
Any individual who has connected for any plan in the UK or some other tradition nation can guarantee a similar structure in India. Be that as it may, such case will be made inside a half year from the date of utilization in the UK or other tradition nations.
Dismissal: - The controller will not enlist the structure if:
• It isn't new or unique
• It has been distributed in India or somewhere else in any configuration before the need date of use of a candidate
• It isn't essentially not the same as known plan or their mix
• It contains outrageous or profane issue.
Substitution: - Where before enlistment of structure:
• An individual has connected for enlistment of any structure, and • Other individual cases a similar plan as his structure because of any understanding or task then the Controller can continue to enlist such structure for the sake of petitioner.
Nonetheless, the plan ought to be distinguished as per the general inclination of the Controller and the understanding or task will likewise be delivered under which guarantee of the petitioner has been made.
Reclamation: - Where recharging expense isn't paid, the privilege has slipped by which can be reestablished inside 1 year, from the date of expiry of a unique period on installment of a charge. Application for rebuilding, as connected by a candidate, will be distributed by Controller.
Stamping before Sale:- Where the structure of an article is enrolled, an imprint with "Enlisted" or "Regd." will be appended alongside enrollment number on such article before conveyance available to be purchased of such article.
Abrogation of Registration:
Any intrigued individual can record an appeal to Controller for wiping out of enlistment of configuration on following grounds:
• The plan is as of now enrolled in India by some other individual
• It has been distributed in India or somewhere else before its need date
• The structure isn't new or unique
• It doesn't go under the meaning of configuration Petition will be in copy and one duplicate of it will be sent to the enrolled owner.
The enrolled owner can document his counter explanation inside a recommended timeframe. The controller will fix a date for hearing on giving 10 days' notice and will choose the issue. Any individual distressed by the choice of Controller can favor an intrigue to High Court.
Robbery of Registered Design:
Following acts are considered to be encroachment of structure, whenever managed without consent of enlisted owner:
• Applying structure or its impersonation on any article in its deal
• Import any article with the end goal of offer
• Knowingly distributing any article available to be purchased
Any individual doing above act in repudiation of the Act will be obligated to pay Rs. 25,000 to an owner. Further, the owner likewise has ideal to sue for recuperation of harm or order in District Court.
1. Each register held under this Act at Patent Office is open for review and any individual can take ensured duplicates of any passage in such endless supply of endorsed expense.
2. Where an application for a structure has been can't, at that point any data, drawing, photograph, portrayal identifying with such application will not be open for review.
3. Any individual, who is qualified for any plan because of any task or transmission, can apply to the Controller and the Controller, immediately, will enlist him as owner of such structure.
4. The Controller will not uncover any data of a structure on the off chance that it very well may be biased to the enthusiasm of the security of India.