Whenever a person or company makes a product, they apply some kind of shape or pattern to it to make it more attractive, which is known as design. The company or person who makes that design to put it on something they can also protect that from getting copied or stole by someone else, they can get protection or copyright over it of its own and to use it only by themselves.
By this, they can get some advantages like, they can sue a person who uses their design without their permission or claim compensation for it from him and also put him behind bars according to the provisions of The Designs Act, 2000.
Meaning of Article in the Designs Act, 2000
It comes under section 2(a) of the act.
In simple language, it is considered a “product”.
According to the provision means any kind of manufactured article and any substance of it artificial or partly artificial or natural or partly natural, which can be capable of being made or sold separately is known as “article”.
Meaning of Design in the Designs Act, 2000
It comes under section 2(d) of the act.
It means any kind of feature of shape, pattern, ornament, or any kind of composition of lines or colours applied on the article in the form of whether it is two dimensional or three dimensional or whether in both ways on it, by any kind of the industrial process or means, whether combined or mechanical or chemical or separately, which has been applied on the finished article or product which can be judged solely by the eyes is knowns as “design”.
Who is a Proprietor?
It comes under section 2(j) of the act.
- It means the author or the original owner of the design.
- When the author of it makes it for the good consideration for someone else so that person is the original owner of the design.
- When someone acquires the right to use it or apply it from the original owner for some consideration or under some contract then that person is the new owner.
Design Registration Process
Controller and other officers
It comes under section 3 of the act.
- The Central Govt. may appoint the controller for the registration purpose.
- Also, for this, the Central Govt. can appoint as many as examiners or the other officers as they think fit.
- The officers or the examiner works under the superintendence of the controller and discharge all functions given to them by him.
Prohibitions of registration of certain designs
It comes under section 4 of the act.
The below mentioned are prohibited from the registration are: –
- Is not new or original; or,
- Has been disclosed to the public or anywhere else or in any other country; or,
- It is not distinguishable from others; or,
- It contains scandalous or obscene matters.
It comes under section 5 of the act.
- The controller on receiving the application of it by any proprietor claiming to be the new or original owner of the design, transfer it to the examiners or officers to examine it weather person is the owner or not and is the design fulfill all the requirements of section 4 or not and to see whether it is capable of being registered.
- Every application shall always be accompanied by the prescribed fees.
- The design cannot get registered not more than one class, if there is doubt under which class it should come, the question always decides by the controller and his decision shall be final.
All the classes of designs mentioned in – www.wipo.int
- The controller can also refuse the application with reasonable ground and write it in its order of refusal. The aggrieved party can also file an appeal to the High Court.
- If the applicant neglects the application or order of his or gets default by this, then the application is considered abandoned.
- The date on which the application submitted shall consider the date of the registration of the design.
Registration in respect of the particular article
It comes under section 6 of the act.
- Any article can get registered under any one class on the one or all the articles under that class.
- Any question that arises about the article is under which class it falls, will be decided by the controller and his decision is final.
- When the design has been registered under one article of one class the proprietor can also register the same design on the other article of the same class. The controller cannot refuse it:
- on the ground of the design not being a new or original design, by reason only that it was so previously registered; or
- on the ground of the design having been previously published in India or any other country, by reason only that it has been applied to an article in respect of which it was previously registered.
Publication of particulars of registered design
It comes under section 7 of the act.
After the registration, the controller will make a publication of the prescribed particular of it to the general public in the prescribed manner by the act for the public inspection.
It comes under section 9 of the act.
The controller will provide the proper certificate to the owner of the registration as conclusive proof. If the certificate gets lost or destroys the owner will have to apply with prescribed fees for the new certificate.
Term of copyright on registration
It comes under section 11 of the act.
When the design gets registered, they get the protection of a period of 10 years from the date of the application of registration.
The owner can also before the expiration of the prescribed time apply and application from extending the period of protection and the second time it gets protect for 5 years only.