In order to be capable of being registered, the Design must be new, novel and original.
(“Original” means originating from Author of such design and includes the cases which though old in themselves yet are new in their application).
DESIGN IS A MONOPOLY RIGHT FOR A LIMITED PERIOD FOR THE EXTERNAL APPEARANCE OF AN ARTICLE.A Design which:
The registration of a Design may be restored if the renewal fee is paid within a period of 12 months from the due date of renewal. The registration is deemed to be lapsed, if it is not renewed within 12 months of the due date.
IT IS TO BE NOTED THAT NO ACTION CAN BE TAKEN AGAINST ANY INFRINGEMENT OF DESIGN RIGHTS UNTIL THE REGISTRATION IS RESTORED.
The article on which the design is applied must be marked with ‘REGISTERED’ or ‘REGD.’ or ‘RD’ followed by the registration number. If the above markings are not affixed, the proprietor will not be entitled to seek any damages against any infringement unless he shows that he has taken all precautions to ensure the marking or can prove that the infringer had knowledge of registration.
IT IS IMPERATIVE TO AFFIX LEGEND “REGISTERED’ OR “REGD.” OR “RD” ON THE ARTICLE
Under the Designs Act, 2000, NO CRIMINAL PROCEEDINGS ARE AVAILABLE against infringement or piracy of Designs.
NONE OF THE DOCUMENT IS REQUIRED TO BE NOTARIZED OR LEGALIZED.
2014-20 © Aditya & Associates. ALL Rights Reserved.| Terms & Conditions