Patent as among the unique conceptual of business ideas in order to serve the corporate mass needs a fair level of protection. Numbers of acts and rules have been established.
Design Registration Services in Purnea, Bihar
‘Design’ refers to the specific aspects of the shape, figure, blueprint or decoration or composition of lines or colors or a combination thereof, given to any 2 or 3-dimensional article by any manufacturing process or mode. The process of creating a design may be manual, mechanical, automatic, or chemical, isolated, or all-inclusive, by which the finished article appeals and is recognizable only by the eye.
Design registration gives exclusive rights to its owner and creator. The registration entitles the manufacturer to use the design for a period of ten years, the time period can be extended for five more years. In case of any violation, the owner can seek legal help under the Design Act. Avyud Consultancy has a qualified team of personnel and can help complete the efforts of a company or manufacturer. To entrust your difficulties at best possible rates appoint us as Design Registration Consulting Company.
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Eligibility Criteria for Design Registration
The following requirements must be met before applying for design registration.
- The design must be new or original and must not have been used in any country prior to the date of application.
- Design should relate to the characteristics of the shape, configuration, pattern or ornamentation applied to or applied to an object.
- Design must be applied to or applied to any item by any industrial process, which means the bulk production of an item. Items like paintings, sculptures etc. are kept out of registration.
- The design should be visible to the eye when applied to or applied to the object for which it is made.
- The design should not contain anything fanciful or obscene
- It should not be against law and order or public morality.
- Photos needed for the design from all angles.
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Documents Required for Design Registration
Following documents are to be submitted to get design registration:
- A certified copy of the original or certified copies of extracts from the disclaimer
- Affidavits
- Declaration
- Other public documents can be made available on payment of a fee.
The affidavit should be in paragraph form and should contain a declaration of truth and verifiability. However, the cost involved in design registration may be regulated by the controller according to the fourth schedule.
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FAQs for Design Registration Services
What are Design Registration Rights?
Design rights are intellectual property rights that protect the visual design of objects; i.e. the visual perception of an object by a viewer. Design plays an important role in everyday life: influencing the shape or decoration of man-made products such as household utensils and ornaments, furniture, fabrics, the clothes we wear, the cars we drive; in each case, making them easier or more attractive to use. For a design to be protectable it must have particular characteristics:
- it must display features of shape, configuration, pattern or ornamentation which are applied to an article which has “eye-appeal” (aesthetic appeal);
- The appearance of the article must be such that it matters to consumers as a quality distinct from its function. Design protection does not extend to features which are prompted purely by function (i.e. solely dictated by the function which the article has to perform), such as the seat of a chair (although the particular shape of the seat may be protectable).
Importance of Registration of Designs in India
The main objective of any registration related to Intellectual Property protection is to provide the owner of the design the exclusivity to sell the article without being copied by the competitor. Moreover, the protection of the patent design protects the new or original designs so created to be applied or applicable to particular article to be manufactured by Industrial Process or method.
We as consumers buy stuff which is perceived by human eyes, so the appearance of the article should be very appealing. The important point of patent design registration is to provide the creator, who might be an artisan or originator of a design having aesthetic look is not deprived of his hard work in designing new articles or products.
What are The Benefits of Design Registration?
- The following are the benefits of registration of industrial design application in India
- The proprietor has exclusive rights on the industrial design application in India.
- The proprietor can sue for infringement, if required.
- The industrial design becomes an intellectual property and can also be sold by the proprietor like any other Intellectual Property Right.
- The popularity of the industrial design is helpful in popularity of the business entity.
Why do I Need to Register a Design?
If you have applied for a patent then a registered design can add a secondary form of protection to further protect your product. A registered design is processed much quicker than a patent so can provide more immediate protection in the short term.
Sometimes a registered designs are more relevant than a patent and can better protect the product (i.e. a new shape for a chair). This can stop other people copying a unique design.
What are The Requirements for Registration?
The essential requirements for registration of a design are:
- Should be judged solely by the eye and the features of the design should be visible.
- Should be new or original.
- Should not be disclosed to the public in India or elsewhere in the world by prior publication or by prior use or in any other way.
- Should be significantly distinguishable from designs or combination of designs that are already registered or pre-existing or disclosed to the public.
- Should not include any scandalous or obscene matter.
- Should be applied to an article by an industrial process.
- Should not include any feature that is purely functional.
- Should not include any trademark or property mark or artistic work as defined under the Copyright Act.
What are The Documents for Registration?
The following forms/ documents need to be submitted to apply for registration of a design:
- Application Form-1
- Power of Attorney (POA)
- Details of Class of articles for which design protection is sought
- Details of Applicant
- Representation sheets including different perspective views of the article clearly showing the novel design. The representation sheets can include photographs, line diagrams, or sketches.
- Details of Class of articles for which design protection is sought
- Details of Applicant
- Certified copy of priority document if priority is claimed from a foreign application
- Additional documents may be required on a case-to-case basis.
Our Other Services in Purnea, Bihar
Trademark Registration
A trade-mark is a recognizable sign, design, expression which identifies products, and services of a particular source from those of others are oftenly called service marks.
Copyright Registration
Copyright is an authentication property rights given to an applicant through which no one can use original works of the creator without his permission.
ISO Certification
ISO started from two organisations – International Federation of the National Standardizing Associations and United Nations Standard Coordinating Committee.
