Registration of designs follow a structured process guided by the Indian laws and international agreement like Locarno agreement. India is a party to the Locarno agreement and hence the designs are registered in India according to the classification and class provided by the Locarno classification only.
According to section 5 of the designs act a controller may upon receiving application from any person register a design but have to keep a check on the following things:
- That the design is new, novel or original.
- That the design is not previously published in any country.
- That the design is not contrary to public order, morality.
- The controller may refer the application to an examiner to check that whether the design is capable for registration or noy.
- Every application must be in the prescribed form and with the prescribed fee at the patents office.
- A design cannot be registered in more than one classes.
- If the application is rejected the aggrieved can approach the high court.
- An application which is not registered in the prescribed time after the communication to the applicant shall be deemed as abandoned.
Procedure for registration of designs
Filing of application
The application ahs to be filed in the prescribed manner by the person who wants to get its design registered in the patent office. The application mentions the class in which design is registered and a design can only be registered in one class.
Examination
The controller can send the application to the examiner for the examination that whether it is eligible for the registration or not.
Communication of objections
The examiner if find anything faulty in the application can go to communicate the same to the applicant the applicant then the applicant may remove all the objection and file the application again. This has to be done within six months from the date of original application.
Publication
Once the application is given to the controller and is accepted by the patent office under section 7 of the Designs Act,2000, the controller shall proceed on to the publication of the application and registration in the prescribed manner. The controller may also grant a certificate of the registration to the applicant.
Effect of registration of designs
- Whenever a design gets registered the owner gets copyright in design for a period of 10 years and an additional 5 years upon renewal. Provided that this application for the renewal has to be put before the controller before the expiration of 10 years. The copyright in design is the exclusive right over the design that the design belongs to certain person and he has all rights over it.
- The owner can take the benefit of the remedies if the registered design gets pirated.
- The owner may transfer its rights for a registered design by assignment or licenses.
- If the copyright in design is cancelled because of the non- payment of fee the owner has the option to restore the same by an application. Such application ahs to be made within one year from the time when the previous application has been ceased and not after that. The owner also has to mention the reason for not paying the fee at the time when the previous application ceases. If the controller finds the reason genuine, he may allow the owner to restore the protection in design.
