Who All Can Apply for Design Registration
Configuration Means just the highlights of shape, example or structure of line or shading applied to any article in 2D or 3D group by any manual or mechanical procedure which can be made a decision by eyes.
It does exclude any Trade imprint or aesthetic work (under copyright)
Owner of another or unique structure Includes -
(1) Author of plan
(2) An individual who gets the plan executed by other individual and
(3) An individual who obtains configuration directly from a creator.
The application for configuration can be made by any individual who professes to be an owner 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 configuration is to be enlisted. The Designs Rules, 2001 recommends arrangement under which application can be liked. On application, if any complaint appears to Controller, which requires correction in an application, he may convey the rundown of such issues with the candidate. A candidate will evacuate/settle the protests inside a half year. Under Sec 6, Design is enlisted for all or any of the articles contained in a specific class. Where configuration is enrolled for any one article going under given a solitary characterization, the application for same structure yet for some other article in a similar grouping can be allowed to a similar candidate.
State 'Container' and 'sack' goes under a similar order and on the off chance that anybody has acquired structure under 'bottle' he himself won't be declined from getting a similar plan for 'pack'. The Controller can either concede or reject the application. On refusal, the individual abused can incline toward an intrigue to High Court. The Controller will give a testament of enlistment to the candidate and distribute the reality of enrollment of the structure. A register of plans is kept at the Patent Office, in which all specifics of a configuration will be entered. Such register is at first sight proof of any reality with respect to structure.
Any individual who has applied for any plan in the UK or some other show nation can guarantee a similar structure in India. Nonetheless, such guarantee will be made inside a half year from the date of use in the UK or other show nations.
Dismissal: - The controller will not enlist the structure if:
• It isn't new or unique
• It has been distributed in India or somewhere else in any arrangement before the need date of use of a candidate
• It isn't fundamentally not quite the same as known structure or their blend
• It contains outrageous or profane issue.
Substitution: - Where before enrollment of structure:
• An individual has applied for enrollment of any structure, and • Other individual cases a similar plan as his plan because of any understanding or task then the Controller can continue to enlist such plan for the sake of inquirer.
In any case, the structure ought to be distinguished as per the general inclination of the Controller and the understanding or task will likewise be delivered under which guarantee of the petitioner has been made.
Reclamation: - Where reestablishment charge 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 an expense. Application for reclamation, as applied by a candidate, will be distributed by Controller.
Stamping before Sale:- Where the structure of an article is enrolled, an imprint with "Enlisted" or "Regd." will be joined alongside enrollment number on such article before conveyance available to be purchased of such article.
Undoing of Registration:
Any intrigued individual can record a request to Controller for dropping of enlistment of configuration on following grounds:
• The plan is 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 owner.
The enlisted owner can document his counter articulation inside an endorsed timespan. The controller will fix a date for hearing on giving 10 days' notice and will choose the issue. Any individual bothered by the choice of Controller can lean toward an offer to High Court.
Theft of Registered Design:
Following acts are esteemed to be encroachment of structure, whenever managed without authorization of enrolled owner:
• 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 contradiction of the Act will be subject to pay Rs. 25,000 to an owner. Further, the owner additionally has right to sue for recuperation of harm or directive in District Court.
1. Each register held under this Act at Patent Office is open for examination and any individual can take ensured duplicates of any section in such endless supply of recommended charge.
2. Where an application for a structure has been won'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 owner of such plan.