TALK TO EXPERTS
In India, the protection of design was necessary. In the 18th century and hence the Methods and Design Protection Act had its introduction in 1872. The law gave inventors the exclusive right to make and sell designs for a short period of time. The Act was followed by the Inventions and Design Act in 1988. This had its replacement by the British Design and Patent Act, 1907; which was based on the Indian Patents and Design Act, 1911. This was followed in 1933 by patent and design rules. Practice regulates registration and enforces the provisions of the Act. Design registration in Chennai is done according to the Act.
Disney Enterprises Inc. is the first company in India to register internationally for industrial designs. V. In the case of Prime Housewares Limited, where Disney characters Mickey and Minnie had making by an industry based in Mumbai under the name Prime. Home appliances had a limit. The case had registration in connection with a major dispute over a trademark infringement and the international registration of their designs. The court ruled that the Mumbai-based company’s trademark had protection, but not their prototype, and ordered that they destroy all items that infringe on Disney’s rights.
The 2007 Act and Design Rules regulate design laws in India. The amendment and subsequent provisions in this Act came into force from June 2008. The India Design Council was set up in 2009 by the Central Government under the Department of Industrial Policy and Promotion (DIPP).
Registerable designs
- Design Must be new or original
- Should not have disclosure in public in any part of the world, before the filing date, by publication or by use or in any other way
- Should be significantly different from known designs or combinations
- Contempt or obscenity may or may not be included
- There shouldn’t be just mechanical contradictions.
- Design should apply to any article and appeal to the eye.
- Should not be contrary to public order or morality.
Filing and registration trends
With the growing awareness about the power of security provided by design registration in India, the number of applications has increased significantly in the last decade. The fact that the examination process for design in India is relatively fast, the process usually gets completion in 1-2 years from the date of application, and its attractiveness as an IP asset has increase.
The industrial fields in which the leading filers of design applications have employment are also diverse. Some of the industries in which major filers operate include automobiles, heavy industries, consumer electrical and electronic goods, software and information technology products, fast moving consumer goods, apparels, commercial vehicles, construction and sanitary ware.
While it is clear that awareness of design registration in Chennai T.Nagar is growing in India, there is still considerable scope for further increase in the use and efficiency of the design registration system. With this in mind, CGPDTM’s Office Fees is taking a number of steps, such as digitization of applications, online publication of information on registered designs, development of public search platforms, conducting public awareness programs, and so on. Therefore it has expectation that the number of design applications filed and registered will also show a ward trend in the near future.
Design (Updates) Rules 2014 Highlights
The Design (Improvement) Rules, 2013 had notification by the DIPP on December 30, 2011 and have implementation since that date, in line with the efforts towards improving the IP protection and implementation ecosystem in India. The patent (amendment) rules are similar to many of the amendments that had implementation by the 2011 effect, and discussed in the March 2001 issue of the IPR Amicus. Listed here are some of the highlights of Design (Amendment) Rules 2014.
Categories of applicants
Although the previous design rules did not differentiate between the different categories of applicants, the Design (Amendment) Rules 2014 denote the two main categories of applicants, namely ‘natural person’ and ‘other than natural person’. The category of ‘other than natural person’ is further divides into ‘small entity’ and ‘other than small entity’. Also suggested that each of the three categories would have a different fee. Thus, the category of designer applicants with different fees now includes: ‘natural person’, ‘small entity’ and ‘other than small entity’.
This is the identification / meaning of who will qualify as a ‘small entity’ as discussed in the article ‘Patent (Amendment) Rules, 201 – Some Issues with Definition of Small Companies’ in the March, 2001 issue of IPR Amicus. , And based on sections under the Micro, Small and Medium Enterprise Development Act, 2006 and the Industry (Development and Regulation) Act, 1951.
Essential elements for Design registration
The following are the essential elements for design registration in Chennai that need to be fulfilled to be registered and protected under the Design Act, 2000:
- Original and new design. This means that it should not have usage or published in any country before the date of application for registration.
- The essence of a design is the features that have representation of the shape, pattern, configuration, composition or decoration; that applies to the article.
- The design should only have appreciation with the naked eye. The method or process of creation and application is incompatible.
- It should not include works of art, trademarks or property marks.
- There must be significant differences between your design and other designs that have already been reported. A similar design that already exists, even if not eligible to have registration.
IPAB
Gazette Notification No. by the Intellectual Property Appeal Board (IPAB), a quasi-judicial body, Government of India: S.O. 1049 (e) had establishment as a Statutory Board on 15.09.2003. It has been set up for the purpose to hear appeals against the decisions of the Registrar. And also to hear petitions under the Trade Marks Act, 1999. This is to amend the Geographical Indications of Goods (Registration and Protection) Act, 1999 and registration of patents. Act, 1. 1970 The IPAB has its headquarters in Chennai. And also it has circuit benches in New Delhi, Mumbai, Kolkata and Ahmedabad in addition to Chennai.