- Filing Design Applications
- Drafting and reviewing Affidavits, replies, written submissions.
- Attending hearings before the Controller of Designs
- Application for Rectification of Design
- License & Assignment Agreements
- Portfolio management
- Enforcement of Design Rights and filing Suits for Design Infringement
A Design refers to the aesthetic aspects or outward appearance of an article, which makes the product appealing to the eye. It can be 2D like patterns, lines, composition, color; or 3 D like shape; or combination of both 2D & 3D.
Any person can be a proprietor of a design. A person includes:
Partnership/ Corporate Body
A design registration is valid for a Period of 10 years, which is extendable by a period of 5 years.
The following are the benefits of Design registration:
1. It prevents others from producing, importing, selling or distributing products having an identical appearance or a fraudulent or obvious imitation.
2. It gives a Unique Selling Point (USP) to the applicant.
3. It is an asset and can be licensed
For a Design to be registered in India:
It should be new or original.
It should not be prior published in any country and not publicly known in India
It should be significantly distinguishable from known designs or combination of known designs.
It should not be a technical or useful function of a product
It should make the finished product look aesthetic and should be appealing to the eye.
The Designs with the following details cannot be registered as per the
Designs Act, 2000,
a) Designs that is not new or original; or
b) Design that has been disclosed to the public;
c) Design that is not significantly distinguishable;
d) Design that comprises or contains scandalous or obscene matter.
e) Designs incorporating official symbols or emblems, maps, buildings, stamps, medals etc.