Design Registration In India

Design is solely defined as the elements applied to any object, whether it be two-dimensional, three-dimensional, or both, by any industrial process or means, whether manual, mechanical, or chemical, separately or in combination, and which, in the finished object, appeal to and are judged solely by the eye. It excludes all modes, principles, constructions, and mental constructs.

The following categories of designs are not eligible for design registration:

Before the date of filing of the subject article, no new or unique designs had been revealed to the public anywhere in India or in any other nation through publishing, use, or any other means.
includes or contains offensive or scandalous content, is barely different from existing designs or mixes of existing designs,

As outlined in Section 2(c) of the Copyright Act of 1957, artistic work.

The design that is being sought after registration must be novel or unique and cannot have been published or utilised in any nation prior to the date of the design registration application. Under the Design Act, novelty is a strict requirement, and there can be no earlier publication anywhere on the globe.

Any person claiming to be the creator of a novel or unique article design may submit an application for design registration. An application for a design may have the following owners:

Someone who claims to be the creator of a novel or distinctive design.
Applying for design registration can be done by the author or his assignee on their own, jointly with another person, or through a legal representative. 
A person who is the first owner of a design, along with someone else to whom rights have been delegated or transferred,

Non-resident applicants must submit their applications through an agent who lives in India.

A 2D line drawing or a picture representation of the design can be included with the design application. In order for the design elements to be accentuated and clearly seen in the photographs, the subject content should be displayed with no background at all and, ideally, a contrast background. To cover all aspects of the subject article, the representation can be filed in various views of the article, such as perspective view, front view, back view, top view, bottom view, left view, right view, etc.

According to the Act, the actual date that the design application was filed is considered the date of registration in cases of priority. The date of registration is the date of filing an application in the counterpart nation if priority for the registration of the design has been claimed.

The registered proprietor of a certain design receives “copyright” throughout the registration period when a design is registered. According to the Act, “Copyright” refers to the sole right to apply a design to an article falling under the relevant class for which it has been registered.

For the registration of a design application, the first-to-file rule is in effect. If two or more applications for the same or similar design are discovered to have been submitted at separate periods or dates, the registry will give the earlier application preference when deciding whether to register the design.

Priority applications are those that request priority from previously filed design applications that have been filed in a convention country or set of countries or intergovernmental body when a design registration application is submitted to the Indian Patent Office. The priority design application must be submitted within six months after the earliest priority application’s filing date. The specified time limit cannot be extended.

when a design registration application is submitted to the Indian Patent Office without a priority claim. Ordinary applications are those kinds of applications.

After the date of registration, a registered design is valid for 10 years. It is ten years from the priority date in the case of a priority claim. On payment of the required fee, a registered design in India may be extended for an additional five years.

The owner of the registered design may file a lawsuit for infringement and pursue damages against the offender. Any individual who violates Section 22’s definition of registered design piracy is responsible for paying a fine of up to Rs. 25,000, receivable as a contract debt, provided that the total amount recoverable for any one design does not exceed Rs.

Locarno classification.