Design Means only the features of shape, pattern or composition of line or color applied to any article in 2D or 3D format by any manual or mechanical process which can be judged by eyes.
It does not include any Trade mark or artistic work (under copyright)
Proprietor of a new or original design Includes –
(1) Author of design
(2) A person who gets the design executed by other person and
(3) A person who acquires design right from an author.
Design Application-
The application for design can be made by any person who claims to be a proprietor of new or original design can be made to the Controller. An application shall be made in a prescribed format and shall be accompanied by four copies of representation of the design and prescribed fee. This application can be sent by hand or by registered post.
An application shall state the class to which such design is to be registered. The Designs Rules, 2001 prescribes classification under which application can be preferred. On application, if any objection appears to Controller, which requires amendment in an application, he may communicate the list of such objections to the applicant. An applicant shall remove/solve the objections within 6 months. Under Sec 6, Design is registered for all or any of the articles comprised in a particular class. Where design is registered for any one article coming under given a single classification, the application for same design but for any other article in the same classification can be granted to the same applicant.
Say ‘Bottle’ and ‘bag’ comes under the same classification and if anyone has obtained design under ‘bottle’ he himself will not be refused from obtaining the same design for ‘bag’. The Controller can either grant or refuse the application. On refusal, the person aggrieved can prefer an appeal to High Court. The Controller shall grant a certificate of registration to the applicant and publish the fact of registration of the design. A register of designs is kept at the Patent Office, in which all particulars of a design shall be entered. Such register is prima facie evidence of any fact regarding design.
Reciprocal Application:-
Any person who has applied for any design in the UK or any other convention country can claim the same design in India. However, such claim shall be made within 6 months from the date of application in the UK or other convention countries.
