Documents required for design registration
- A certified copy of the original or certified copies of extracts from disclaimers
- Declarations and
- Other public documents can be made available on payment of a fee
Design registration is an intellectual property, used to protect the features of shape, colours, lines, patterns or configurations of your article. For registering of the designs they must satisfy the following criteria that are it should be original, new and quintessential or related to the features of an article. The registration comes under the designing act 2000 it is valid for a period of 60 years from the date of registration. We, in Solubilis provides our services for registering Design rights for our clients in all over India as well as for clients abroad, for registering of their design rights filed in other countries in India, through the Conventional treaty method.
Industrial Designs or simply Designs are exclusive rights given for the aesthetic shape, appearance of a product, which can be produced industrially as an independent product or can be part of assemblage of a product
In India, the Patent office, Designs wing located in Kolkata Patent office, grants Design registrations
In India, an object / product for seeking Design Registration should be novel and should not have been published elsewhere during the time of application.
Yes, Very much. A Design registration registered in the name of any individual or SME or Corporate, can be assigned, transferred or licensed to any other third person. The details of transfer, licensing should be registered in Patent Office, Designs Wing, and Kolkata
Application for Design Registrations are filed using the Locarno Classification of Designs. They are classifications and sub classifications based on various product categories and types to clearly indicate to which group / category an object is seeking Design Registration
A product seeking Design registration, upon applying would be scrutinized by Patent Office, Designs Wing, Kolkata and a FER (First Examination Report) is sent. Reply to FER should be filed within 6 months upon filing of the Design Application. Upon fulfilment of compliances the Design application proceeds towards Grant. Generally it takes 1 year for Grant of Design Registration.
If anyone design violates the copyright rights he is responsible for this offense he should pay a sum which not exceeding Rs.25.000/- to the registered proprietor. The maximum amount of Rs.50, 000/- of contract debt should pay in respect of a single design. The registered proprietor may bring an agreement to recovery of the damages and present the repetition as afore mentioned. The total recovery not exceeds up to Rs.50, 000/- as a contract debt which stated in the Section 22(2) (a). The agreement for such violation, damage recovery etc should not be filed any court which blow level court of District Judge.
A Design registration upon grant is valid till 10 years and can be extended further to 5 more years.
Yes, very much. Upon registration of Design for an object, the Copyrights for the same design can be applied for and obtained.
Yes, upon filing a Design Application in India, within 11 months, the same design application with the priority date can be filed through the Conventional system claiming priority over the Design Application filed in India.
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