Prohibition of Registration of Certain Designs

Introduction

The Design Act in India protects only those Design, which are solely appealed by eye or in other word, the Design which are aesthetic in Nature are protectable in India. Earlier the Design Law in India was governed by Design Act 1911. There has been considerable growth in the area of science and technology since the enactment of the Design Act, 1911. It was also felt that a better legal system is required to ensure effective protection of a registered Design.

The enactment of new act was also necessary in order to bring the India Design Law at par with the International Law. The Design Act 1911 has been repealed and replaced by Design Act 2000. Presently the Law pertaining to Design in India is governed by Design Act 2000.

In other words the Design Act 2000 defines a Design as two-dimensional or three-dimensional features of shape, configuration, pattern, ornament, or composition of lines or colours applied to any article by any manual, chemical, or mechanical ( separate or combined) industrial process or means, , which in the finished article appeal to and are judged solely by the eye. The Design Act 2000 in India specifically excludes any mode or principle of construction or anything which is in substance a mere mechanical device. The Design Act in India also excludes any trade mark, property mark or any artistic work.

Why Owner Of A Design Should Be Vigilant About Protecting The Design:

The design is the aesthetic features applied to an article and hence it becomes major force to attract the consumer attraction. The Design of an article has tremendous marketing value. The Industrial Design is business assets of a company. The design of an article increases the competitiveness of the Company in the market.

The owner of a design should be very much vigilant as the pirates in the market may seriously jeopardize the exclusive right of the Company in its Design. In order to obviate such problem, it is strongly recommended that the Company should get its Design Registered.

Prohibition Of Registration Of Design:`

Section 4 of Design Act 2000.
Prohibition of registration of certain designs.- A design which:

  1. is not new or original; or
  2. has been disclosed to the public any where in India or in any other country by publication in tangible form or by use or in any other way prior to the filing date, or where applicable, the priority date of the application for registration; or
  3. is not significantly distinguishable from known designs or combination of known designs; or
  4. comprises or contains scandalous or obscene matter, shall not be registered.

Section 4 of the Design Act 2000 provides that the Designs, which are neither new, nor original, or prior published or not significantly different from know designs, or is combination of known designs etc are not registrable within the provisions of Design Act 2000.

Duration Of Design:

Section 11 of the Design Act 2000.

Copyright on registration:

  1. When a design is registered, the registered proprietor of the design shall, subject to the provisions of this Act, have copyright in the design during ten years from the date of registration.
  2. If, before the expiration of the said ten years, application for the extension of the period of copyright is made to the Controller in the prescribed manner, the Controller shall, on payment of the prescribed fee, extend the period of copyright for a second period of five years from the expiration of the original period of ten years.

Hence , total year of statutory protection of Registered Design is 15 years (10+5) from the date of Registration.

Section 22 of Design Act 2000.
Piracy of registered design:

  1. During the existence of copyright in any design it shall not be lawful for any person:
    1. for the purpose of sale to apply or cause to be applied to any article in any class of articles in which the design is registered, the design or any fraudulent or obvious imitation thereof, except with the licence or written consent of the registered proprietor, or to do anything with a view to enable the design to be so applied;

During the period for which the Design is registered, by virtue of Design Registration, the Registered Proprietor gets the exclusive right to use or apply the design in relation to article for which the design is registered. No other person is entitled to apply the registered design, without consent of the Registered Proprietor.�

Cancellation Of Registered Design:

Section 19 of the Design Act 2000. Cancellation of registration:

  1. Any person interested may present a petition for the cancellation of the registration of a design at any time after the registration of the design, to the Controller on any of the following grounds, namely:
    1. that the design has been previously registered in India; or
    2. that it has been published in India or in any other country prior to the date of registration; or
    3. that the design is not a new or original design; or
    4. that the design is not registerable under this Act; or
    5. that it is not a design as defined under clause (d) of section2 .

Section 19 of the Design Act 2000, provides the ground for cancellation of registered design , on the ground inter alia, it is neither new, nor original, prior published in India or any other country or is not a Design under the provision of Section 2(d) of the Design Act 2000, i.e. it must be attractive to eye and should not be functional.

Aishwarya Says:

I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.

If you are interested in participating in the same, do let me know.

Do follow me on FacebookTwitter  Youtube and Instagram.

The copyright of this Article belongs exclusively to Ms. Aishwarya Sandeep. Reproduction of the same, without permission will amount to Copyright Infringement. Appropriate Legal Action under the Indian Laws will be taken.

If you would also like to contribute to my website, then do share your articles or poems at adv.aishwaryasandeep@gmail.com

We also have a Facebook Group Restarter Moms for Mothers or Women who would like to rejoin their careers post a career break or women who are enterpreneurs.

We are also running a series Inspirational Women from January 2021 to March 31,2021, featuring around 1000 stories about Indian Women, who changed the world. #choosetochallenge

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s

This site uses Akismet to reduce spam. Learn how your comment data is processed.