A design is often the visible portion of an article’s exterior to the unaided eye. The act defines a design as only those elements of shape, configuration, pattern, ornament, or composition of lines or colours applied to any article, whether in two-dimensional, three-dimensional, or both forms, by any industrial process or means, whether manual, mechanical, or chemical, separate or combined, which in the finished article appeal to and are judged solely by the eye. It excludes any mode or principle of construction.
The Designs Act, 2000 regulates Indian design law. In 2000, the outdated Design Act of 1911 underwent adjustments to reflect the changes that were essential as a result of India’s remarkable advancements in science and technology. The aforementioned Act was changed to provide registered designs additional protection and to encourage design activity to highlight a design feature in a product. The Rules were most recently changed in 2008.
Design Act of 2000:
The Design Act of 2000 was passed to bring the Design Act up to the line with international legislation. The Design Act of 2000 so now governs design laws. It is an act to reform and codifies the legislation governing the protection of designs. On May 12, 2000, it became effective after being published in the Indian Gazette. This Act is legislative and contains all the provisions of a comprehensive code. It covers the entirety of India.
2000 Design Act Objectives:
- The Design Act’s principal goal is to safeguard designs.
- The Design Act of 2000 is an Act that consolidates and modifies the rules governing design protection.
- Its principal goal is to prevent innovative or unique designs from being copied and causing financial loss to the proprietor.
- The main goal of design registration is to ensure that the inventor, originator, or craftsman of a design does not lose his benefit for inventing that design because others copy it to their goods or products.
- An industrial design aids in attracting the attention of customers and boosting the commercial worth of a product. As a result, it helps to grow its market.
- Many rivals use wicked tactics to minimise competition in competing organisations by exploiting design flaws. As a result, laws are required to protect the interests of the designers. The Design Act of 2002 was passed to achieve this goal.
What must be taken into account while registering under this Act?
- The artwork must be done individually and be able to be sold.
- It must be brand-new to the market and original. The stolen design won’t be taken into account by this act.
- It should simply set itself out from other designs.
- Obscene or unsuitable stuff must not be mentioned in it.
What is excluded from it?
- It excludes all trademarks and construction methods as those terms are specified in paragraph (v) of sub-section (1) of Section 2 of the Trade and Merchandise Marks Act, 1958.
- It excludes “property marks” as such terms are defined in section 479 of the Indian Penal Code, 1860.
- Any creative work as described in clause (c) of section 2 of the Copyright Act of 1957 is not included.
Who has the right to apply for Registration?
According to the rules of the Design Act of 2000, any proprietor may submit an application for registration of a design that is unique, has never been published before, and does not appear to violate any local laws or regulations. According to Section 2(j), a proprietor is anybody who:
- is the creator of the artwork,
- acquired design for an appropriate factor and
- anyone to who the original owner has transferred ownership of the design.
If there are several writers, then only the joint authors may implement the design.
The duration of a design’s registration:
A design can be registered for a maximum of 15 years. It was initially for a term of ten years, which could be extended for another five years by paying a fee of Rs. 2000 to the Controller, but only if done before the ten-year period expired. The owner of any design may even make an application for such an extension as soon as the design is registered.
An appeal for the revocation of design registration:
Any registered design may be revoked at any time after registration by filing a petition for cancellation in Form 8 with a cost of Rs. 1,500 to the Controller.
The following are the grounds for such cancellation:
- The design has already been registered in India.
- It was published in India or elsewhere before the date of registration.
- The design is not unique or novel.
- According to the Act, it is not registrable.
The designs can be duplicated by rivals or by someone else, just like any other form of intellectual property is. If a design has been copied, the owner of that design may seek damages as well as an injunction to prevent further use of the design.
If there is any doubt regarding the determination of infringement, the Court will immediately consider the design from the perspective of a typical consumer. In other words, the Court will take into account if there is any evident uncertainty or any significant facts in the minds of the customers about the two articles.
The features have undergone several alterations as a result of the Design Act of 2000. For instance, when a developer creates anything There is an expectation that my structure won’t be violated if an architect creates the structure of a building. Many designs include the ability to grant the author copyrights as well. The government has developed a fantastic strategy for safeguarding designs. Furthermore, infringement of these designs may have a detrimental effect on the company’s worth. An excellent design is never forgotten.
I have tried to compile a list of Job Openings for Advocates and Law Students. I hope this helps you.
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.
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