Designing your success with innovative protection strategies
Safeguard Your Industrial Design IP with us
Design is creating a plan, drawing, or model to develop and produce a new object or system. Design involves various factors such as aesthetics, functionality, materials, and production methods to create a product that meets the needs and desires of its intended users. It can refer to anything from visual and graphic design to industrial and architectural design. It encompasses the appearance of a product, it is packaging, the design of the physical components, the user interface, human factors, and the overall experience of using the product. Protecting industrial designs is crucial, and there are three main types of protection: design patents, utility patents, and copyrights. Design patents protect the overall look of a product, while utility patents safeguard how it functions. Copyrights protect the artistic features of a product. Types of protection has its benefits and limitations. It's crucial to select the right one for your product.
The Controller General of Patents, Designs, and Trademarks is responsible for managing the registration and protection of industrial designs in India under the Design Act of 2000. This Act offers legal protection to the visual attributes of a product, including its shape, pattern, configuration, ornamentation, or composition. Design protection is valid for ten years, with the option to renew it for another five years. The government's objective is to encourage originality and ingenuity in industrial design while guaranteeing sufficient protection for designers.
Dhairya Shah & Associates provides comprehensive design preparation, filing, prosecution, enforcement, and maintenance services. Services involve guiding clients to safeguard their designs in various industries such as electronics, communication devices, medical devices, construction tools and implements, industrial products, handicrafts, fashion, jewelry, home and healthcare products, and automotive parts.
Our Services
DSA provides entire services which include Design Filing, Design Opposition/ Rectification, Design Registration and Design Litigation
Design Filing
Design filing is registering an industrial design with a government authority to obtain legal protection from prevents unauthorized use, sale, or production of the Design. Conduct a thorough search for existing Designs to file a Design. An application must meet the jurisdiction's specific requirements, such as detailed drawings and descriptions.
Design Opposition/ Rectification
In India, opposition/rectification of Industrial Design is possible after registration to prevent infringement on one's intellectual property rights. Any person can file a petition to oppose or rectify the registration of an Industrial Design within a stipulated time frame. The Design Office will consider the petition and take necessary action based on its findings.
Design Registration
Design registration in India protects the visual features of a product. Design registration protects original designs by granting exclusive rights to use and preventing others from using them without permission. Design Office along with fees examines and registers if it meets requirements. The registration lasts ten years, renewable for five years.
Design Litigation
Design litigation in India involves resolving disputes related to the infringement of registered designs, with the plaintiff alleging that the defendant copied or used their Design without permission. The design may involve legal proceedings to enforce design rights, seek compensation for damages or defend against infringement.
Frequently Asked Question
To register a design in India, submit an application to the Design Office with the prescribed fees and follow the examination and registration process.
Design registration fees in India start from INR 1,000 and vary depending on the applicant's category. The registration is valid for ten years and renewable for an additional five years.
It is not advisable to use or disclose your design before applying for design registration. India follows the "first-to-file" principle, which means the first person to apply will get a grant for design protection. Disclosing or using the design before filing may make it ineligible for protection.
Yes, an applicant can apply for registration of multiple designs under the same class by paying the prescribed fees for each Design.
Yes, a registered design can be canceled after registration under certain circumstances, such as if it was registered by mistake or fraud, or if it is not a new or original design.
Yes, a design can be licensed or transferred to India. An owner of a registered design can assign or license their rights to another party.
A patent protects inventions, while Design protects visual features. Patents cover functional aspects, while Designs cover non-functional aspects of a product. Patents safeguard inventions' functionality, while Designs protect the visual aspects of a product, such as a shape, pattern, or configuration.
In case of design infringement, the owner of the registered design can file a suit for infringement in a court of law. The remedies available include an injunction to prevent further infringement, damages for loss suffered due to infringement, and an account of profits made by the infringer.
The time limit for filing an infringement suit in India is three years from the date of infringement.
An applicant can protect their design internationally by filing an application for registration under Hague System for the International Registration of Industrial Designs or through separate design applications in each country of interest.
Design registration is a legal process that provides protection for the visual appearance of a product. Dhairya Shah & Associates ensures the exclusivity of your industrial designs and works diligently for its clients. Contact us today for IP services and protect your Design.