top of page

The Design Act 2000

The Design Act 2000


Discuss the essentials of a Design.

Explain the procedure for registration of design


DEFINITION DESIGN ACT 1911 –design means only the feature of shape configuration, pattern, ornament applied to any article by any industrial process or means, whether manual, mechanical or chemical separate or combined

CHANGE DEFINITION BY THE 2000 ACT

Section 2(d) definition is similar to one given under the Act of 1911 expected following added feature.

·Including composition of liens or colure applied any article

·Two dimensional and 3 dimensional from or both

·Not include any artistic work as defined under the copy right Act

Essential of design


·It must be applied article: - design is to be applied must be something which can delivered or purchaser /customer as a furnished article

E.g. model of building and structure of toys

·It must be Apples to the eye :- feature of shape ,all shape or configuration or patterns are not

·Novelty and originality :- a design for the purpose of registration must be both and originated not previously published in India

Registration:-

Section 3 to 10 design act 2000 and rule 11 to 25 of the design rule 2001 deals with registration The requesting authority is the controller general of the patents, design and trade mark, appointed by the central government he will be the controller of designs for the purpose of the act.

A person can apply for registration:-

New or original design not previously registered in India

Author of the design

Any person who acquired the design

Right to evolve

Content of application

4 copies dual or design duly signed by the applicant Statement of novelty.

Prohibition of registration of certain designs

A design is not new or original not sign function obscene matter


Acceptance of application

Controller should consider

Objection:-

·no consideration controller should be sent to the application or his agent in writing one month

Decision of controller

Certificate of registration:-

·Controller should be grant a certificate of registration to the proprietor of the design

Effect of registration

·Right to exclusive use of the design

·Right to protect the design from piracy

Cancellation of design:-

At any time after the registration of the design any person interested in it may present a petition to high court for the cancellation of the registration

·Design has been previously registered in India

·Not published in India prior to the date of registration

·Design not new or original design




LEGALLAWTOOL-.png
67oooo_edited_edited.png
bottom of page