Design Filing In India
We are design registration consultants offering services regarding design registration, registration laws etc. Process of filing a Design Application in India and grant of Design Registration Certificate involves the following steps as detailed in the flow chart herein below:


Object of the Design Act, 2002 is to protect new original design so created to be applied or applicable to a particular article to be manufactured by Industrial process or means. The primary purpose is that artisan, creator, originator of a design having aesthetic look is not deprived of his bonafide reward by others applying it to their goods.

The registration of a design confers upon the registered proprietor "Copyright" in the design for the period of registration. The duration of the registration of a design is initially ten years from the date of registration, but in cases where claim to priority has been allowed the duration is ten years from the priority date. This initial period of registration may be extended by further period of 5 years.

Priority Claims
India is one of the countries party to the Paris Convention so the right of priority is applicable. On the basis of a regular first application filed in one of the contracting State, the applicant may within the six months apply for protection in other contracting States.

Essential Requirements For Registration Of Design
The design should be new or original, not previously disclosed or published or used in any country before the date of application for registration;

The design should not include any Trade Mark or property mark or artistic works as defined under the Copyright Act Industrial plans, layouts and installations are not registerable.

Any mode or principle of construction or operation or any thing which is in substance a mere mechanical device, would not be registerable as a design.

The design must appear and should be visible on the finished article or should appeal to and is judged solely by the eyes.

List Of Information Required For Design Registration

Name address of the applicant. Name of the articles to which the design is to be applied. Drawings. Details of first application in UK or convention country or group of countries or inter-governmental organization; Name of the country Official date Official number Power of Attorney.

Once the design is registered, it gives a legal right to bring an action against those persons who infringe the design. The registered proprietor of the design has the right and can claim any damage to which he is legally entitled to.

If any one contravenes the copyright in a design he is liable for every offence to pay a sum not exceeding INR 25,000 to the registered proprietor subject to a maximum of INR 50,000 recoverable as contract debt in respect of any one design. The registered proprietor may bring a suit for the recovery of the damages for any such contravention and a suit for injunction against repetition of the same.

The suit for infringement or recovery of damages etc should not be filed in any court below the court of District Court.

Enforcement Of Intellectual Property
The cutting edge of the firm also includes the enforcement team, which boasts of a considerable experience in al kinds of intellectual property enforcement in a broads spectrum consisting of diversified products and services. Vast experience coupled with understanding of counterfeiting in various industries be it FMCG, pharmaceuticals, entertainment, software, hardware etc. is perhaps what makes the firm's enforcement services unique. Members of the enforcement team in addition to of having an in-depth knowledge of the functioning of enforcement agencies such as CBI, Police Forces of States, have built a good rapport with such agencies. Enforcement team has the capability and experience of successfully conducting simultaneous multiple actions pertaining to infringement of intellectual rights in different reasons of the country. The firm through its enforcement team offers its clients an answer to the problems of piracy/infringement by way of liaisons and coordination with leading private as well as state controlled investigation houses

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