Who All Can Apply for Design Registration
Configuration Means just the highlights of shape, example or piece of line or shading connected to any article in 2D or 3D design by any manual or mechanical process which can be made a decision by eyes.
It does exclude any Trade stamp or aesthetic work (under copyright)
Proprietor of another or unique structure Includes -
(1) Author of structure
(2) A man who gets the structure executed by other individual and
(3) A man who secures configuration appropriate from a creator.
The application for configuration can be made by any individual who professes to be a proprietor of new or unique plan can be made to the Controller. An application will be made in an endorsed arrangement and will be joined by four duplicates of portrayal of the structure and recommended expense. This application can be sent by hand or by enrolled post.
An application will express the class to which such structure is to be enrolled. The Designs Rules, 2001 endorses order under which application can be favored. On application, if any complaint appears to Controller, which requires alteration in an application, he may impart the rundown of such protests to the candidate. A candidate will evacuate/settle the protests inside a half year. Under Sec 6, Design is enrolled 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 characterization can be allowed to a similar candidate.
Say 'Container' and 'pack' goes under a similar characterization and on the off chance that anybody has gotten plan under 'bottle' he himself won't be denied from acquiring a similar structure for 'sack'. The Controller can either give or deny the application. On refusal, the individual wronged can incline toward an interest to High Court. The Controller will allow a testament of enlistment to the candidate and distribute the reality of enrollment of the plan. An enlist of structures is kept at the Patent Office, in which all particulars of a plan will be entered. Such enroll is at first sight proof of any reality with respect to structure.
Any individual who has connected for any structure in the UK or some other tradition nation can guarantee a similar plan in India. Be that as it may, such case will be made inside a half year from the date of utilization in the UK or other tradition nations.
Dismissal: - The controller will not enlist 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 outrageous or vulgar issue.
Substitution: - Where before enlistment of plan:
• A man has connected for enlistment of any plan, and • Other individual cases indistinguishable structure from his structure because of any assention or task then the Controller can continue to enroll such structure for the sake of petitioner.
Be that as it may, the plan 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 recharging 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 rebuilding, as connected by a candidate, will be distributed by Controller.
Checking before Sale:- Where the structure of an article is enlisted, a stamp with "Enrolled" or "Regd." will be attached alongside enlistment number on such article before conveyance available to be purchased of such article.
Retraction of Registration:
Any intrigued individual can document an appeal to Controller for scratch-off of enlistment of configuration on following grounds:
• The plan is as of now enrolled 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 enlisted proprietor.
The enrolled proprietor can record his counter articulation inside an endorsed day and age. The controller will settle a date for hearing on giving 10 days' notice and will choose the issue. Any individual distressed by the choice of Controller can incline toward an interest to High Court.
Robbery of Registered Design:
Following acts are considered to be encroachment of plan, whenever managed without authorization of enrolled proprietor:
• 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 a proprietor. Further, the proprietor likewise has ideal to sue for recuperation of harm or order in District Court.
1. Each enroll held under this Act at Patent Office is open for review and any individual can take confirmed duplicates of any passage in such endless supply of endorsed charge.
2. Where an application for a structure has been can't, at that point any data, drawing, photograph, portrayal identifying with such application will not be open for investigation.
3. Any individual, who is qualified for any structure because of any task or transmission, can apply to the Controller and the Controller, immediately, will enroll him as proprietor of such plan.
4. The Controller will not uncover any data of a structure on the off chance that it very well may be biased to the enthusiasm of the security of India.