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The registration and protection of industrial designs in India are governed by the Designs Act, 2000, and the corresponding Designs Rules, 2001, which came into effect on May 11, 2001, replacing the earlier Act of 1911. The Designs Rules, 2001, were subsequently amended by the Designs (Amendment) Rules, 2008, and the Designs (Amendment) Rules, 2014. The most recent amendment to the Designs Rules came into force on December 30, 2014, introducing a new category of applicants classified as small entities, in addition to natural persons and entities other than small entities. An industrial design encompasses features of shape, configuration, pattern, ornamentation, or composition of lines or colors applied to any article in two or three dimensions (or both). These features may be applied by any industrial process or means (manual, mechanical, or chemical), individually or in combination, and are judged solely by the eye in the finished article. The design does not include any mode or principle of construction or anything that is merely a mechanical device, nor does it include trademarks or artistic works. Registering a design grants the creator exclusive rights to use the design for ten years, which can be extended for an additional five years. In the event of infringement, the owner of a registered design can seek legal remedies under the Design Act.
Exclusive Rights to the Design By registering your design with the relevant authority, you gain exclusive rights to a product's distinctive appearance. This can lead to significant returns on investment, as it allows you to prevent others from replicating a successful design.
Valuable Business Asset An industrial design registration can become a valuable business asset. A product's success is often influenced by its appearance; in a market driven by aesthetics, an attractive design plays a crucial role in drawing consumers to purchase the product.
Right to Claim Damages If your industrial design is infringed upon, you have the right to take legal action and potentially receive compensation for lost sales due to the infringement. This protection enables you to focus on developing superior designs without the fear of competitors producing knock-offs more cheaply or scaling their manufacturing faster. License or Sell As the owner, you can license or sell your design as a legal asset in exchange for a fee or royalty.
In India, industrial designs are classified according to the Locarno Classification, which is an international classification used for the purposes of the registration of industrial designs. The classification system divides designs into 32 classes and numerous subclasses. Here is a list of the main classes for industrial design registration in India:
These classes cover a broad range of products and help in categorizing the designs for the purpose of registration and protection under the industrial design laws.
To register an industrial design, certain essential requirements must be met to ensure the design is eligible for protection. Here are the key requirements:
The design must be new or original. It should not have been disclosed to the public anywhere in the world prior to the filing date or priority date. This means the design must not be identical to or closely resemble any design that has already been published or used.
The design must be applied to or embodied in an article and must be visible during normal use of the article. This ensures that the design is not hidden or obscured when the product is in use.
The design must be capable of being applied to a specific article. It must be related to a tangible item and not merely a conceptual or abstract idea.Companies Act.
: The design should focus on the aesthetic aspect and not the functional features of the article. Functional features or technical aspects of a product are typically protected by patents, not industrial design registrations.
For startup companies, it's essential to allocate additional funds, approximately Rs 40-50K annually, for audit expenses and ROC filings. This financial provision ensures that the company can fulfill its compliance obligations without financial strain. By diligently adhering to these compliance requirements, private limited companies can operate smoothly within the legal framework and uphold their reputation in the business ecosystem.
After Company incorporation, you will receive below documents
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