India: Designs Law | Intellectual property (IP) refers to creations of the mind, such as inventions; literary and artistic works; designs; and symbols, names and images used in commerce.
In general, a design is the outer outlook of an article that a naked eye can see. The definition of a Design as per the act provides that a design means only the features of shape, configuration, pattern, ornament or composition of lines or colors applied to any article whether in two dimensional or three dimensional or both forms, by any industrial process or means, whether manual, mechanical or chemical, separate or combined, which in the finished article appeal to and are judged solely by the eye, but does not include any mode or principle of construction or anything which is in substance a mere mechanical device, and does not include any trademark or property mark or artistic work.
The Design Law in India is governed by the Designs Act, 2000. The old Design Act, 1911 was amended in 2000 to incorporate the amendments which were rendered necessary because of the tremendous progress made by India in the field of Science and Technology. The said Act was amended with a view to provide more protection to registered designs and to promote design activity in order to promote design element in an article of production. The Rules were last amended in the year 2008.
The Indian Intellectual Property Office (IPO) is the primary office, which comprises of the Trade Marks Registry, The Patent Office, and The Designs Office in India. The Designs Office has its head office at Kolkata and the other Branches of the Patent Office only function to accept design applications but all technical examination is conducted at the Kolkata Office.
A Design is published after registration in the Official Gazette and is open to Public Inspection thereafter.
Registration, Duration & Renewal
A Design is registered as of the date of making the application for registration of the designs.
Unauthorised application of the features of a registered design to any article in any class of articles in which the design is registered amounts to piracy of the registered design.
Action for piracy of design may be instituted in a District Court or High Court having jurisdiction.
A registered design is assignable and transmissible and the particulars of the same must be entered in the Register of Designs to entitle the person in whose favour the design is assigned or transmitted.
What are the three main types of intellectual property?
What are intellectual property rights?
Intellectual property rights are the rights given to persons over the creations of their minds. They usually give the creator an exclusive right over the use of his/her creation for a certain period of time.
ntellectual property rights are customarily divided into two main areas:
Copyright and rights related to copyright
The rights of authors of literary and artistic works (such as books and other writings, musical compositions, paintings, sculpture, computer programs and films) are protected by copyright, for a minimum period of 50 years after the death of the author.
Also protected through copyright and related (sometimes referred to as “neighbouring”) rights are the rights of performers (e.g. actors, singers and musicians), producers of phonograms (sound recordings) and broadcasting organizations. The main social purpose of protection of copyright and related rights is to encourage and reward creative work.