Anuhuj Dhingra Law Office

  Designs

The outer appearance (shape, configuration and pattern or ornamentation) of an article or goods can be protected or secured through a registered design under the Indian Designs Act, 2000. The Indian Designs Act recognizes and protects the exclusive rights of the registered proprietor in the design. Once the design stands registered, the protected article/ goods can be applied or used under the relevant class in which the same has been registered for the commercial usage.

Designs play a significant role in the modern world. The other side of the spectrum is that the designing activity is the realm of industrial production under few sectors. Appreciating and addressing the paradigm shift in the concept of industrial designs, India recently amended its Designs Act to suit the latest industrial and business requirements in the Country. The objective of the design registration is to ensure that the artisan/creator/originator of the design having a particular shape, figure, pattern, etc. is not deprived of his bonafide reward and labour in application of the same to his goods.

A design to be registrable must be novel, new or original. The Term original means something which the author must have designed with his own skill and labor, and must only be originating from the author. Most countries provide for national design Legislations providing for a mechanism to register the designs in the respective territories. The process of registration usually starts from filing of applications for registration of designs in the prescribed format, removing the objections, if any, approving of the application by the Examiner, and culminating in design registration. India has assumed a new classification that conforms to the Locarno Classification of industrial designs. India is also one of the parties to the Paris Convention.

The design sought to be registered should be novel or original, not previously disclosed or published or used in any country worldwide before the date of application for registration. The design should not contain / include any Trade Mark or property mark or artistic works, etc. The Industrial plans, layouts and installations are not registerable under the Indian Designs Act.

The design must appear and should be visible on the finished article or should appeal to and is to be judged solely by the eyes. Any mode or principle of construction or operation or any thing which is in substance a mere mechanical device, would not be registerable as a design.

The cutting edge of our firm also includes an enforcement team, which boasts of a considerable experience in all kinds of intellectual property enforcement in a broad spectrum consisting of diversified products and services. Immense experience coupled with clear understanding of Intellectual property Laws, modus operandi of counterfeiting in various industries viz. FMCG, pharmaceuticals, entertainment, software, hardware etc. The firm on engagement has the capability and experience of successfully conducting simultaneous multiple actions pertaining to infringement of intellectual rights in different regions of the country.




                                               
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