What is Design Registration ?
Design registration is a type of intellectual property protection, under which a newly created design applied to an article created under an industrial process can be protected from counterfeiting. Under the Design Act, 2000, a shape, configuration, pattern or ornament or composition of lines or colour or combination applied to any article can be registered. For a design to be registered, it must satisfy the following conditions: it must be new and original, the design should relate to features of shape, configuration, pattern or ornament applied to an article, the design must be applied to any article by an industrial process and the design must be visible and should appear on an article.
Design registration provides the creator, exclusive rights over use of the design for a period of ten years that can be further extended for a period of five years. In case of infringement, the owner of a registered design can seek legal remedy under the Design Act.
What are Documents Required for Design Registration
- A certified copy of the original or certified copies of extracts from disclaimers
- Declarations and
- Other public documents can be made available on payment of a fee.
- The affidavits should be in paragraph form and should contain a declaration of truth and verifiability. The costs involved in the design registration process may be regulated by the Controller according to the Fourth Schedule.