Who All Can Apply for Design Registration
Configuration Means just the highlights of shape, example or organization of line or shading applied 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 imprint or imaginative work (under copyright)
Owner of another or unique plan 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 an endorsed configuration and will be joined by four duplicates of portrayal of the structure and recommended expense. This application can be sent by hand or by enlisted post.
An application will express the class to which such configuration is to be enrolled. The Designs Rules, 2001 recommends characterization under which application can be liked. On application, if any protest appears to Controller, which requires change in an application, he may convey the rundown of such issues with the candidate. A candidate will expel/tackle the protests inside a half year. Under Sec 6, Design is enlisted for all or any of the articles contained in a specific class. Where configuration is enlisted for any one article going under given a solitary order, the application for same structure yet for some other article in a similar grouping can be allowed to a similar candidate.
State 'Container' and 'pack' goes under a similar characterization and on the off chance that anybody has acquired plan under 'bottle' he himself won't be denied from getting a similar structure for 'sack'. The Controller can either give or reject the application. On refusal, the individual distressed can lean toward an intrigue to High Court. The Controller will allow a declaration of enlistment to the candidate and distribute the reality of enrollment of the plan. A register of plans is kept at the Patent Office, in which all specifics of a configuration will be entered. Such register is by all appearances proof of any reality with respect to plan.
Any individual who has applied for any plan in the UK or some other show nation can guarantee a similar structure in India. Be that as it may, such guarantee will be made inside a half year from the date of use in the UK or other show nations.
Dismissal: - The controller will not enroll the plan if:
• It isn't new or unique
• It has been distributed in India or somewhere else in any organization before the need date of use of a candidate
• It isn't essentially not quite the same as known structure or their blend
• It contains shameful or foul issue.
Substitution: - Where before enrollment of structure:
• An individual has applied for enrollment 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 inquirer.
Notwithstanding, the structure ought to be distinguished as per the general inclination of the Controller and the understanding or task will likewise be created under which guarantee of the petitioner has been made.
Reclamation: - Where restoration 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 reclamation, as applied by a candidate, will be distributed by Controller.
Stamping before Sale:- Where the plan of an article is enrolled, an imprint with "Enlisted" or "Regd." will be joined alongside enrollment number on such article before conveyance available to be purchased of such article.
Crossing out of Registration:
Any intrigued individual can record an appeal to Controller for retraction of enrollment of configuration on following grounds:
• The structure is as of now enlisted in India by some other individual
• It has been distributed in India or somewhere else before its need date
• The plan 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 enlisted owner can record his counter explanation inside an endorsed timespan. The controller will fix a date for hearing on giving 10 days' notice and will choose the issue. Any individual wronged by the choice of Controller can incline toward an offer to High Court.
Robbery of Registered Design:
Following acts are considered to be encroachment of plan, whenever managed without consent of enrolled 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 negation of the Act will be obligated to pay Rs. 25,000 to an owner. Further, the owner likewise has right to sue for recuperation of harm or order in District Court.
1. Each register held under this Act at Patent Office is open for examination and any individual can take ensured duplicates of any passage in such endless supply of endorsed charge.
2. Where an application for a structure has been won't, at that point any data, drawing, photograph, portrayal identifying with such application will not be open for examination.
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.