TALK TO EXPERTS
Design is the decorative or aesthetic aspect of an article. The purpose of the Act is to preserve the aesthetic shape, not the functional or functional shape. To obtain legal protection under the Designs Act, 2000, the design must meet the defining requirements of Section 2 (d).
The definition reads as follows:
“Design” simply means any shape, configuration, pattern, ornament or any features of the composition of lines or colours whether applied by any two industrial process or medium, by any industrial process or medium, in any dimension or in three dimensional or both forms, different Or joint, which appeals to the finished article and its decision is only eye-catching; But does not contain any mode or principle of construction or does not contain any trade mark as defined in clause (v) of sub-section (1) of Part 2 of the Trade and Merchant section, in the object which is merely a mechanical device. Of any artistic work defined in section 479 of the Marks Act, 1958 (43 of 1958), or in section 479 of the Indian Penal Code (45 of 1860) or any artistic work defined in section (c) of section 2 of the section pyrite act, 1957 (14). 1957). ”
Value of the design for a Company
Designed as a marketing facility. The reason for including design in a particular product is that the customer’s attention is on the product that is being commercialized. The design is an ideal feature to increase the attractiveness of the product to which it has applied.
. Design is a commercial property: like any other industrial, industrial or intellectual property, a
industrial design forms part of the company’s fixed assets. The more commercial success the design achieves, the greater its economic value for the company.
. ; Industrial design has a special right: (Registered design offers more security and more advantages than unregistered design); like all industrial property rights, no design assignment, license, mortgage or transfer mortgage can be granted. Without a doubt, a design that has gained a certain level of popularity in the market can mean a profitable business for the holder.
. The design as an element that enhances the competitiveness of the company: products can be distinguished for technical features that make it more or less useful to customers. But when the practical use of a commonly used product has no significant difference from another product performing the same task (which usually happens), the consumer will base his decision on the design of the product. That is to say, he / she will decide to buy the most attractive, the most original, the most attractive product, all, with a better design.
India’s new reform of its design rules will greatly benefit startups and small organizations seeking design registration. Revised design rules now recognize “startups” as a separate category of applicants and reduce the overall filing and processing fees for smaller companies.
This amendment is in line with the amendments made to the Patent Rules and various other initiatives taken by the government to promote entrepreneurship and startups in India in particular. The proposed Patents (Second Amendment) Rules in November 2020, 2020 reduced the cost of filing and proceedings for applicants with startups and small entities.
Recognizing “startups”
“Startup” has introduced as a separate category of applicant for designers. A startup has defined as:
‘(EB) “Start-up” means-
(A) An entity in India, recognized as a start-up by a competent authority under the Startup India initiative; and
(B) In the case of a foreign entity, a company which meets the criteria for turnover and investment or registration period as per the Start-up India Initiative and issues a declaration of effect.
Explanation: When the turnover has the calculation, the Reserve Bank of India’s foreign exchange reference rates will prevail. ‘
Notice No. G.S.R. According to 127 (e), an entity will have the consideration a startup if the following conditions have met:
If a private limited company (as per Companies Act, 201 per) has involved or registered as a partnership pay firm (under the register), the entity will have consideration for a start up to 10 years from the date of inclusion / registration. 59 of the Partnership Act, 1932) or Limited Liability Partnership in India (under the Limited Liability Partnership Act, 2008).
The entity’s turnover has not exceeded Rs 100 crore (approximately 1 (7 7.7 million)) in any post-investment financial year.
The entity is working towards innovation, development or improvement of products or processes or services, or if it is a scalable business model with high potential for job creation or wealth creation.
Existence has no creation by splitting or rebuilding an existing business.
Documents required to claim start status:
For Indian Applicant: Departmental Accreditation Certificate for Industrial Industrial Policy and Promotion of Internal Trade
In the case of a foreign entity: a declaration stating that the above conditions have met.
Start-up Fees: Revised rules provide that startups are eligible for an official 75% reduction in official fees compared to other companies. Thus, the fee paid by a startup in Indian Design Office fee will be equal to the fee paid by a natural person.
Fees for small Entity
Previous design rules provided that the fee payable by a small organization would be equal to 50% payable by other organizations. The revised rules provide that the official facial fee payable by a small organization will be reduced by 25% payable by other companies. Thus, under the revised rules, natural persons, small companies and startups will now pay the same official fees.
Some advantages to win even if the startup status has terminated
In the revised rules, an explanation has added stating that where a startup no difference in the fee scale will be payable. This includes a change in the status of the start-up due to the validity of that period due to its accreditation; and its turnover exceeding the financial threshold limit.
However, if a design application is transferred from a natural person / startup / small entity to another entity which is not eligible for fee reduction, the fee between the natural person / start-up / small entity and other entity must differ in the physical fee by the date of transfer of application. Pay for all official facial fees paid in Indian Design Office fees.