A. What is meant by Design under the Design Act 2000?
Design means only the features of shape, configuration, pattern or ornament or composition of lines or colour or combination thereof applied to any article whether two dimensional or three dimensional or in both forms, by any industrial processor 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 or construction or anything which is in substance a mere mechanical device.
B. What is the object of registration of Design?
The main object of registration of Design is to protect new or original design created, which is applied or applicable to particular article manufactured for industrial process or means. Purchase of an article is highly influenced by the appearance. The main objective of Design Registration is to see that the original creator is not deprived of his bonafide reward.
C. What are the essential requirements of registration of Design?
1. The design should be new or original, not previously published or used in any country before the date of application for registration.
2. The design should relate to features of shape, configuration, pattern or ornamentation applied or applicable to an article.
3. The design should be applied or applicable to any article which is used for Industrial process.
4. The features of the design in the finished article should appeal to and judged solely by the eye.
5. Any mode or principle of construction or operation or anything which is in substance mere mechanical device would not be a registrable design.
D. Is it important to file an application for registration of design at the earliest possible?
Yes, registration of design at the earliest possible is very necessary as first-to-file rule is applicable in Design Registration. If two or more applications of the same or identical design is filed for an article on different dates only first application will be considered for registration of Design.
E. Whether it is possible to transfer the right of ownership of a Design?
Yes, it is possible to transfer the ownership of Design through Assignment, agreement, transmission with terms and condition in writing or by operation of law.
F. Can the application for registration of Design be filed by the Applicant himself or only through an Attorney?
The application for registration can be filed by a person himself. An attorney with the right knowledge could help you in a better manner. We at MyRights ensure that our clients get complete benefits of their Design.
FOR FREE CONSULTATION PLEASE FEEL FREE TO CONTACT +91 080-25092470 or MAIL US AT info@myrightslegal.com