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Industrial Design Rights

Home - Intellectual Property Rights - Industrial Design Rights


Industrial Design Rights refer to the exclusive rights for the protection of the objects’ visual designs. Appearance, design of objects such as furniture, spare parts, textile, etc, are safeguarded by means of this right. The applicant has to file the application for industrial design rights with WIPO. As soon as the application is filed, the designs come under the protection shield in member nations that the treaty comprises of.

Advantages
The commercial viability of a product and its market potential lies at the hands of industrial designs which enhance the beauty and the aesthetic appeal of the objects. The same is safeguarded by the Industrial Design Rights. The exclusionary rights to the owner facilitate a fair investment flow, a fair competition and trade practice. At the same time, these rights lead to the promotion of creativity and thereby it boosts the economic development.

Industrial Design Rights in India
India's design law is governed by the following acts in the current scenario :

  1. Designs Act, 2000
  2. Designs Rules, 2001

Industrial design registration permits the proprietor exclusionary selling and importing rights and rights to apply it to the product. The following conditions should be fulfilled by the person claiming for these rights :
  1. The filing of the application has to be done in a proper manner and the authentic holder should claim for the rights so that no other person can claim for the same.
  2. The design that the person claims for should be original, devoid of any obscene content, distinct from the other known designs, not impeaching the public order and reproducible by industrial means.
  3. Only those proprietors can file for a design who have established their business centre in India
  4. The requisite information should be provided in proper format and should be authentic
  5. Proper examination of the applicants will be done by the renowned offices of design so that the availability of the designs is assured.
  6. Any objection must be responded within 3 months of intimation failing which the application will be liable to be rejected.
  7. Controller of Designs, based on the responses to the objections decides upon the acceptance or rejection of the application
  8. The validity of design registration is 10 years which is extended to 5 years on renewal
  9. The proprietor can pass the rights to other party or person through transmission, licence and agreement.
  10. Public inspection of the designs is possible only after its publication in office gazette
  11. There are some artistic works which are not possible for registration
  12. Penalty for contravening the copyright of the design may range between Rs. 25,000 to Rs. 50,000.
  13. Cancellation of design is decided by the Controller of Designs which can be cancelled by paying the prescribed amount of fees with the cancellation petition form.