THE DESIGN ACT, 2000.pptx

The Design Act, 2000 and registration of Design under This Act.

1. THE DESIGN ACT, 2000 REGISTRATION OF DESIGN UNDER DESIGN ACT,2000 RAJU KUMAR PANDI (ADVOCATE) 14/10/2023

2. INTELLECTUAL PROPERTY (IP) LAW IN INDIA COVER THE FOLLOWING- :

3. DESIGN ACT This Act may be called The Design Act, 2000. It extends to the whole of India.

4. HISTORICAL BACKGROUND The first act in India to grant exclusive privileges to inventors of new patterns and designs was passed in 1872 as The Patterns and Designs Act, 1872. Afterward the act was replaced by a new consolidated act called The Inventions and Designs Act, 1888. Then came the Patents and Designs Act, 1911.

5. INTRODUCTION Earlier the Design Law in India was governed by Design Act, 1911. There has been a considerable growth in the area of science and technology since the enactment of the Design Act, 1911. The Design act, 1911 has been repealed. Presently, the law pertaining to Design in India is governed by Design act, 2000.

6. OBJECTIVES Design Act To encourage design activity. To provide protection to the registered designs. To protect the IPR of original design. To make efficient and user friendly legal system for protection of Design in India. To reward the innovator for research and labor applied to evolve a new and original design.

7. ADVANTAGES OF DESIGN REGISTRATION Exclusive Rights: Design registration grants the exclusive right to use, make, sell, or license the registered design. This exclusivity safeguards against unauthorized reproduction and imitation. Legal Protection: Registered designs enjoy legal protection, allowing the design owner to take legal action against infringers, reinforcing the value of intellectual property. Market Advantage: Registered designs can provide a competitive edge in the market by differentiating products and enhancing brand recognition.

8. CONT…. Enhanced Brand Image: A registered design reflects a commitment to quality and innovation, contributing to a positive brand image and building consumer trust. Monetary Gains: Design registration can open up opportunities for licensing, franchising, or selling the design, generating revenue for the owner. Global Reach: Depending on international agreements, design registration may extend protection to international markets, facilitating global expansion. Preventing Imitation: Registered designs act as a deterrent against counterfeiting and imitation, preserving the integrity of the design.

9. WHAT IS DESIGN? Section- 2(d) of the Act- Design means only the features of shape, configuration, pattern, ornament or composition of lines or colors applied to any articles , whether in 2D or in 3D forms, By any Industrial process or means or means, whether manual, mechanical or chemical, separate or combined, which in the finished article appeal to and are judged solely by the eye.

10. KEY DEFINITIONS Section 2(a)-: Article: An "article" encompasses any industrial or handicraft item, whether two-dimensional or three-dimensional, that can be manufactured and used . Section 2(c)-: Copyright: It means the exclusive right to apply a design to any article in any class in which the design is registered. Section 2 (d)-: Design: A "design" refers to the visual or aesthetic characteristics of an article, including shape, configuration, pattern, and ornamentation.

11. ELIGIBILITY FOR DESIGN REGISTRATION Who can apply for design registration? Person: Any individual, whether a citizen or a resident of India, is entitled to apply for design registration. The term “person” includes firm, partnership, small entity, and a body corporate. 2. Entity or Organization: Any legal entity or organization, including corporations, partnerships, and institutions, operating within the jurisdiction of India can apply for design registration. 3. Foreign Applicants: his agent or legal representative need to apply for Design Registration.

12. PROHIBITION OF REGISTRATION OF CERTAIN DESIGNS Section- 4-: A design which- Is not new or original; or Has been disclosed to the public anywhere in India or in any other country by publication in tangible form or by use or any other way prior to the filing date, or where applicable, the priority date of the application for registration; or Is not significantly distinguishable from known designs or combination of known designs; or Comprises or contains scandalous or obscene matter shall not be registered.

13. WHAT TYPES OF DESIGNS CAN BE REGISTERED? The Design Act 2000 allows for the registration of various types of designs, which include: Two-Dimensional Designs: This category covers designs that are applied to the surface of an article. It includes patterns, prints, and graphical representations. 2. Three-Dimensional Designs: Three-dimensional designs refer to the shape, configuration, or ornamentation of an article. These designs are not limited to any particular field or industry. 3. Graphic User Interfaces (GUIs): In the digital age, the Design Act may extend protection to graphic user interfaces, ensuring that the visual aspects of software and apps are safeguarded. 4. Textile Designs: Specific provisions within the Act may address the protection of textile designs, particularly relevant to the fashion and textile industries. 5. Integrated Circuit Layout Designs: In some jurisdictions, the Act may also provide for the registration of integrated circuit layout designs, important for the electronics and semiconductor industries.

14. REGISTRATION OF DESIGN Section 5(1)-: The Controller may register the design on an application by the Proprietor of any new or original design. The controller shall before such registration refer the application for examination. Section 5(2)-: Every application shall be: in the prescribed form, filed in the patent office in the prescribed manner with the prescribed fee. Section 5(3)-: A design may be registered in not more than one class.

15. CONTINUE….. Section 5(4)-: The Controller may, if thinks fit, refuse to register any design and the aggrieved party may appeal to the High Court. Section 5(6)-: A design when registered shall be registered as of the date of the application for registration.

16. DESIGN REGISTRATION PROCESS Preliminary Search Begin by conducting a preliminary search to ensure your design is unique and doesn't infringe upon existing designs . 2. Filing the Application Prepare and submit the design application, including detailed information about the design, drawings, or samples, and pay the required fees. 3. Examination The design application undergoes examination to determine if it meets the legal criteria for registration, such as novelty, non-obviousness, and distinctiveness. 4. Publication Once the design is deemed eligible, it's published in a design journal or database, making it accessible to the public.

17. CONT….. 5. Registration After a specific waiting period and no valid objections, the design is officially registered, and the owner gains exclusive rights to the design.

18. FILING A DESIGN APPLICATION The process of filing a design application involves several key steps and requires specific documentation. Completing the Application Form Begin by obtaining the official design application form from the relevant intellectual property office. Complete this form with accurate and comprehensive information. The form typically includes sections for personal or company details, design description, and declaration of ownership. Now we can file online as well. 2. Providing Design Representation Include clear and precise representations of the design. This often involves detailed drawings, images, or samples that accurately depict the design's visual elements. These representations are essential for assessing the design's uniqueness and quality.

19. CONT…. 3 . Paying the Application Fees Design registration typically involves application fees. Ensure that you pay the required fees as specified by the intellectual property office. Failure to do so can result in delays or the rejection of your application. 4. Filing the Application Submit the completed application form, design representations, and the payment receipt for application fees to the intellectual property office. Some jurisdictions may allow online filing, while others may require physical submission. 5 . Confirmation of Receipt Upon submission, you should receive a confirmation of receipt from the intellectual property office. This confirmation serves as evidence that your application is under consideration.

20. HOW THE DESIGN APPLICATION IS EXAMINED BY THE AUTHORITIES Formal Examination: Initially, the authorities conduct a formal examination to ensure that the application is complete and complies with the formal requirements. This includes checking if the application form is correctly filled, fees have been paid, and the required documentation is in order. Substantive Examination: Following the formal examination, a substantive examination is carried out to assess the design's eligibility for registration. This includes reviewing the design's novelty, non-obviousness, and distinctiveness.

21. POTENTIAL REASONS FOR REFUSAL BY THE EXAMINER Lack of Novelty: If the design has been previously published, disclosed, or is identical to an existing registered design, it may be refused on grounds of lacking novelty. Obviousness: A design that is considered an obvious variation of existing designs may be refused. The design must demonstrate a non-obvious, unique character. Non-Distinctiveness: Designs that lack distinctiveness, making it difficult to differentiate them from existing designs, may be refused.

22. CONT…. Violation of Public Order or Morality: Designs that are offensive, obscene, or against public order and morality may be refused on these grounds. Improper Documentation: If the application documentation is incomplete, inaccurate, or does not meet the specific requirements set forth by the intellectual property office, the application may be refused. Failure to Comply with Regulations: Non-compliance with the regulations and requirements outlined in the Design Act or the intellectual property office's guidelines can lead to refusal.

23. DESIGN REGISTRATION CERTIFICATE Section 9 (1)-: The Controller shall grant a certificate of registration to the proprietor of the design when registered. Section 9 (2)-: The Controller may, in case of loss of the original certificate, or in any other case in which he deems it expedient, furnish one or more copies of the certificate.

24. DURATION OF THE REGISTRATION OF DESIGN? CAN IT BE EXTENDED? Section 11. Copyright on registration.— When a design is registered, the registered proprietor of the design shall, subject to the provisions of this Act, have copyright in the design during ten years from the date of registration. If, before the expiration of the said ten years, application for the extension of the period of copyright is made to the Controller in the prescribed manner, the Controller shall, on payment of the prescribed fee, extend the period of copy-right for a second period of five years from the expiration of the original period of ten years.

25. INTERNATIONAL PROTECTION FOR DESIGNS Hague Convention for the International Registration of Industrial Designs: The Hague Convention is a global framework that allows designers to register their designs in multiple countries with a single international application. This simplifies the process of seeking design protection in various member countries, streamlining administrative tasks and reducing costs. Paris Convention for the Protection of Industrial Property: The Paris Convention is an international treaty that provides a basis for reciprocity in design protection. Under this treaty, if you register your design in one member country, you can often claim priority rights to register the same design in other member countries within a specified time frame.

26. CONT….. Regional Agreements: Various regions have established their own agreements for design protection. For example, the European Union has the Community Design system, allowing designers to obtain design protection across EU member states with a single application. National Registration: Design protection can also be sought by filing separate applications in individual countries. This is often necessary when a design is not covered by international agreements or when specific national protection is required.

27. CONCLUSION In conclusion, design registration is not just a legal formality; it's a strategic imperative for creators, innovators, and businesses. It offers a pathway to exclusive rights, legal protection, market advantages, and opportunities for growth and profitability. As the world becomes increasingly competitive, design registration becomes a vital tool for preserving your creative efforts, building a strong brand, and thriving in the global marketplace. Don't underestimate the value of design protection - it's a cornerstone of innovation and business success.

28. THANK YOU