Effect of Registration of Design: Key Benefits

Introduction

Many traders and businesses use a design to attract a good number of consumers. Every design focuses on being attractive and hence plays a pivotal role in enhancing growth. Therefore, sellers usually invest a better amount to have a recognisable and different design for their business.

In this article, we will deal with the meaning and definition of the design and the registration of the design, followed by the consequences of getting the design registered.

Defining the term “Design”

To deal with the aspect of design, we have a separate legislation, the Designs Act of 2000. Under Section 2(d), design is defined as the features of shape, configuration, pattern, ornament or composition of lines or colours applied to any article, whether in two-dimensional or three-dimensional or in 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 merely mechanical device.

Whereas the following is not included as a design;

1. Any mode or principle of construction or anything which is in substance a mere mechanical device.
2. Any trademark as defined under Section 2(1)(v) of the Trademark and Merchandise Marks Act, 1958
3. Property mark as defined in Section 479 of the Indian Penal Code, 1860
4. Any artistic work as defined under Section 2(c) of the Copyright Act, 1957.

Registration of Design

To register the design, the applicant must fulfil specific requirements. These requirements are as follows;

1. The novelty of the design: the novelty of design implies newness or original work. Only such designs which are not repetitive and are not copied from the existing ones are of utmost importance. It gives credit to the authentic creativity of the designer.
2. The design should not be registered already: this implies that similar or the same design should not be registered earlier either by the applicant or any other individual. This restricts the multiple registrations of similar-looking designs.
3. Not against morality: any proposed design for registration shall not be against public morality and is forbidden by the government of India. If any such design breaches the public peace or fails to maintain the registration, it will be revoked and shall not be granted.

Process for Registration

In order to get your design registered, the applicant can apply for the same to the appropriate patent office, provided he should fulfil all the above-mentioned conditions.

Section 5 of the Act states that every application must be submitted to the appropriate authority along with the prescribed fees. The authority has to ensure that such a design is not already registered with it. If the authority finds it, they can reject the application. However, if the application gets denied for arbitrary reasons, the applicant can approach the High Court.

Chapter II of the Act specifically deals with registration of the Designs:

1. The applicant has to file an application in the patent office along with prescribed fees. The authority either accepts or rejects the application. If rejected, the aggrieved party can approach the Court.
2. If the application is accepted, the application is examined by the authority to determine whether the design is already registered or not. If not, then they proceed further.
3. After examining the application, if the controller is of the view that certain defects or amendments need to be done, then the authority conveys the same to the applicant and asks them to correct them accordingly and resubmit.
4. After the applicant resubmits the application and the controller is satisfied, he registers the design. He publishes the particulars of the design, which shall be open for inspection by the public.

Advantages of Registration

Once the design is registered successfully and published, the owner of the design gets the exclusive rights to exploit it. This right over the copyrighted design lasts with the registered owner for 10 years. If the owner wishes to extend the period after the expiration, in that case, he can approach the controller, and on the payment of the prescribed fees, the copyright is extended for a further period of 5 years.

Furthermore, if the design is registered, the act protects against any infringement. Section 22(2) of the Design Act, 2000, protects against the piracy of registered designs. Moreover, it imposes a penalty on the infringer, an amount which may extend to Rs. 50,000/-.

Case Laws

Chawla & Sons v/s. Bright Auto Industries

The Delhi High Court stated that mere alterations in the existing designs do not lead to the formation of a new design, and hence, registration of the same is invalid.

M/S. Kemp & Company and Anr v/s M/S Prima Plastics Ltd.

The Court in the present case held that if the proprietor discloses his design to a third party, it will not amount to publication of design and will have no rights to claim against it.

Gopal Glass Works Ltd v/s. Iag Company Ltd. And Ors

In the present case, both parties registered their respective designs. After examination, it was found that both the designs were similar even though the plaintiff registered his design prior to the defendants. The Court granted interim protection in favour of the plaintiff.

Conclusion

A design is considered to be the intellect of an individual, as its creation requires an equal amount of human creativity. Furthermore, it assists in growing the business by attracting customers. A design always ensures that the public recognises the services it is providing on a large scale.

The Designs Act of 2000’s intention is to protect the creative owners of the designs and punish those who infringe their rights. And therefore, the designs must be registered to claim the damages. This provision ensures the protection of the owner’s creativity.

In conclusion, registering the design avoids monopoly in the market and motivates creativity between the competitors.