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What is Design Registration ?

A registered design is a proprietary right in a design. It protects the appearance of a new or original design applied to a product.

WHY REGISTER YOUR DESIGN?

  • Statutory right – accrues only on registration -territorial
  • Right to prevent all other from producing, importing, selling or distributing products having an identical appearance or a fraudulent or obvious imitation

Important Aspect of Design Registration

  • The term Industrial Design, is known as the design, the surface pattern or the shape associated with a product or an article which is unique in nature.
  • The design registration in India under the Designs Act, 2000 has defined the term design under Section 2(d) as, only the features of shape, configuration, pattern.
  • The registration of a design in India confers on the applicant the exclusive right against unauthorized copying and imitation of his design by third parties.
  • Design registration offers protection of their products from imitation and piracy as well as the right to authorize third parties to use their design.
  • Registration of designs is becoming increasingly popular as the Indian courts are adjudicating in relation to design protection and registration efficiently and in a time bound manner.

Advantages of Design Registration

  • Designs can make a product into a brand desired by customers and hence increase and consolidate market share.
  • Licensing design rights can provide a valuable income stream.
  • Designs can be used as a way of raising capital, for example, as security for a loan.
  • The rights to exploit a design can be sold.
  • A reputation for innovative product design can add significant value to your business.

Design Registration process

Any person proprietor of a design

Person includes:
  • Individual
  • Firm
  • Partnership/ CorporateBody
  • Legal entity

Legal Hans Design Registration.

Documents Required For Design Registration

  • A certified copy of the original or certified copies of extracts from disclaimers.
  • Affidavits.
  • Declarations and Other public documents can be made available on payment of a fee.

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