INDUSTRIAL DESIGN PRACTICE
Welcome to our Industrial Design Practice, where innovation and legal expertise converge to bring your creative visions to life while ensuring your designs are protected and valued. Our team of experienced industrial design attorneys is dedicated to helping you navigate the intricacies of design protection and strategy.
Industrial design plays a crucial role in shaping products that are both aesthetically pleasing and functional. Our Industrial Design Practice offers a comprehensive range of services tailored to your specific needs:
1. Design Registration:
We guide you through the process of registering your industrial designs, providing legal
protection that prevents others from copying or imitating your unique creations.
2. Design Clearance Searches:
Before investing resources into a new design, we conduct thorough searches to identify
existing designs that might pose conflicts or issues.
3. Design Portfolio Management:
We assist in managing your design portfolio, providing strategic advice on maintaining
and maximizing the value of your design assets.
4. Design Protection Strategy:
Our experts help you develop a comprehensive strategy to protect your designs across
various jurisdictions, both nationally and internationally.
5. Design Licensing and Transactions:
We assist in negotiating and drafting licensing agreements that enable you to monetize
your designs while maintaining control over their use.
6. Design Enforcement and Litigation:
In cases of design infringement or disputes, our team provides robust representation
to safeguard your design rights, whether through negotiation, cease-and-desist letters, or legal action.
7. Design Innovation Consultation:
We offer guidance on design innovation, helping you understand how to create designs
that stand out in the market while adhering to legal requirements.
8. Design Rights Audit:
Our experts can conduct audits of your design assets to ensure proper protection and
compliance with relevant laws.
At our Industrial Design Practice, we at ADITYA & ASSOCIATES understand the significance of your design creations and their impact on your business success. Our team is dedicated to offering tailored solutions that align with your creative goals and business objectives.
Whether you're an industrial designer, product manufacturer, or part of a creative team, our Industrial Design Practice is here to assist you in protecting and leveraging your design innovations.
Contact us today to schedule a consultation and learn how we can help you navigate the evolving landscape of industrial design law.
FAQs
The Industrial Design is a Design, which is applied to an Article which has an aesthetic design appealing to the eye. The purchasers are often influenced by the appearance of an article more than its utility, efficiency and durability.
Yes. Since India is a member of Paris Convention and WTO, it is possible to claim priority on the basis of first application filed in any of the member country within a period of six months.
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A Design which:
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Is not new i.e. not novel and original; or
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Has been disclosed to the public anywhere in India or in any other country by publication in tangible form or by use or in any other way prior to the filing date, or where applicable, the priority date of the application for registration; or
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Is not significantly distinguishable from known designs or combination of known designs; or
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Contains scandalous matter.
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In India, registration of Design is governed by the Design Act, 2000 and Rules there under.
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A registrable Design must be:
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new or novel; and
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original (“Original” means originating from Author of such design and includes the cases which though old in themselves yet are new in their application)
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DESIGN IS A MONOPOLY RIGHT FOR A LIMITED PERIOD FOR THE OUTER APPEARANCE OF AN ARTICLE.
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Yes.
During the term of the registration, the proprietor may grant a license or assign the registered design to
any third party. The license or assignment should be in writing and registered with the Controller of Designs.
The registration of a Design is valid initially for a Period of 10 years from the date of the application.
The term of registration may thereafter be renewed for further period of 5 years (altogether for maximum 15 years), and thereafter it becomes a public property.
Yes. India follows LOCARNO International Classification of Design divided into 1 to 31 Classes and a Miscellaneous Class.
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India follows Locarno International Classification of Design.
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Name and address of the applicant.
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drawings or Photographs (preferred) of the article to which the design is applied. The Drawings or Photographs preferably show Top, Bottom, Sides and Perspective views of the article with indications of Novel features.
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Purpose for which the Article is used.
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Material from which the article is made.
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If priority is to be claimed, then a certified copy of the application filed with date, number and country of filing.
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A duly executed Power of Attorney (No notarization or legalization required).
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If a Design is new and original, completion of registration formalities will take about 6 months from the date
of filing of an application.
Yes. Under the new Design Act, 2000 it is possible to conduct prior search on the basis of Registration Number or Article. Whenever there is a doubt, it is advisable to conduct a search and then decide to file an application.
The registration of an Industrial Design confers the proprietor an exclusive right to apply the design in respect
of the article for which it is registered for the term of its registration.
In other words, the registration mainly confers the rights to stop others from making, applying,
marketing or importing any article bearing the registered design.
Registration of a Design is done with the office of the Registrar of Design and is valid all over India.
Yes,
provided the exhibitor gives to the Controller a previous notice in the prescribed form; and the application for registration is made within Six months from the date of first exhibiting the design applied to an Article.
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 above markings are not made, the proprietor will not be entitled for any penalty or 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. IT IS IMPERATIVE TO AFFIX LEGEND “REGISTERED’ OR “REGD.” OR “RD” ON THE ARTICLE.
There are certain Civil Remedies available against infringement of a Registered Design viz.
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A temporary or permanent Injunction.
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Damages or Compensation; and
(iii) Delivery of infringing articles and article from which the main articles are being manufactured.
Under the Designs Act, 2000, NO CRIMINAL PROCEEDINGS AVAILABLE against infringement or piracy of designs.
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Yes. Any registered design may be cancelled by filing a Cancellation Petition by any aggrieved person before the Controller of Designs ONLY upon any of the following grounds:
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that the Design has been previously registered in India; or
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that the Design has been previously published in India or any other country prior to the date of registration; or
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the Design is not new/novel or original.
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the Design is not registrable under the Act;
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Contact Us
121, SolarisOne
(Hubtown Solaris)
NS Phadke Marg,
Andheri East,
Mumbai 400069,
INDIA
HEAD OFFICE - MUMBAI
Shop 1, Ashoka Realty,
Sacred Heart Town,
Wanawadi, Pune 411010,
INDIA
PUNE OFFICE
Westend Mall,
District Centre,
Janakpuri,
New Delhi 110058,
INDIA
DELHI OFFICE
Resources
INTERNATIONAL REGISTRATION -
HOW TO GET IT RIGHT
MADE (RID) IN INDIA
FUNDAMENTALS OF INDUSTRIAL DESIGN