Legislation
The Indian law of designs is enshrined in the Designs Act, 2000. The Act seeks to provide for the registration of designs in India. The rights granted under the Act are operative in the whole of india.
What is a Design
A DESIGN is defined as the features of shape, configuration, pattern, ornament or composition of lines or colours applied to any article by any industrial process or means, whether manual, mechanical or chemical, separate or combined, which in the finished article appeal to and are judged solely by the eye, but does not include any mode or principle of construction or anything which is in substance a mere mechanical device and does not include any trademark or
...in all matters and procedures relating to patent law and practice in Atlanta, Georgia. They represent their clients before the Patent Office, part of United States Patent and Trademark Office (USPTO). Patent layers may provide patentability opinions as well as ...
Design Act protects only designs that is aesthetic in nature. They may be decorative elements added to the article or they may be part of very shape or configuration. Novelty and originality are important criteria in a design for registration. In addition, only those designs that are applied to an article by an industrial process will be protected.
Classification*
Almost all jurisdictions including India follow Locarno Classification for registration of design comprising 32 classes, numbered 1 to 31 and an additional class 99 to include articles not falling under the aforesaid 31 classes. Most of the classes are further divided into sub classes. Design applications must be filed in a particular class depending upon
...since the date you filed your application. As you can see, the patent system is set up so that you can actually begin manufacturing and marketing your invention immediately after you file your application. Many companies spend massive amounts of ...
Rights conferred by registration
The registration of a design confers the proprietor copyright in the design for the period of registration. Copyright means the exclusive right to apply the design in respect of the article for which it is registered.
Who Can Apply For A Design
An inventor or any other person/company assigned by the inventor can apply and obtain the registration for the design.
Filing and Prosecuting Design Applications
An application for design on Form-1 accompanied by four copies of representation of the design and prescribed fee of Rs. 1000/- is filed at one of the four office of the Patent Office located at,
...a design filing strategy in place as the filing costs should be taken into account when preparing a business plan. 22. What are trade marks? Trade marks are the badge of a business and protect any mark capable of graphical ...
Duration of registration
The term of a design registration is initially for a period of ten years. The renewal is possible for further period of 5 years.
Remedies For Infringement
It is the sole responsibility of the proprietor to see that his design is not being infringed upon by others. It is the
...from the MCA website, filled and sent to the Noida MCA office from where DIN is allocated and notified by post to the Director's address provided in the form. 3.2 DIN 2: On allotment of DIN, the Director needs to ...
Injunctons whether interim or final.
Damages.
Use of Design In Foreign Countries
Design rights are granted on a country-by-country basis. An Indian registration provides protection only in India and its territories. If the proprietor of a design wishes to protect a design in other countries, the owner must seek protection in each country separately under the relevant laws.
International design protection
There is no system as yet wherein a single design application is sufficient to protect the design right internationally. However, Paris convention * provides certain privileges to member countries in design registration. A party
...responsibility for operating domain names, including the registration of second-level domains, is delegated to particular organizations. These organizations are referred to as "registry operators", "sponsors", or "delegates". In many countries, local authorities (NICs) are responsible for this administration, which asks ...
* Paris Convention is the most basic and important multilateral convention relating to intellectual property, including trademarks, of which India is a member. It defined the meaning and scope of industrial property rights protection and established basic principles and rules.
* Classification for the Purposes of the Registration of Designs
According to the Locarno Classification system
...a brand for an online bookstore. Non-Compete Agreement: An agreement whereby one party, typically an employee, agrees not to use information learned during employment in subsequent business efforts for a set period of time. In some states, non-compete agreements are ...
List of classes :
CLASS 1
Foodstuffs.
CLASS 2 Articles of clothing and haberdashery.
CLASS 3
Travel goods, cases, parasols and personal belongings, not elsewhere specified.
CLASS 4
Brushware.
CLASS 5
Textile piecegoods, artificial and natural sheet material.
CLASS 6
Furnishing.
CLASS 7
Household goods, not elsewhere specified.
CLASS 8
Tools and hardware.
CLASS 9
Packages and containers for the transport or handling of goods.
CLASS 10
Clocks and watches and other measuring instruments, checking and signalling instruments.
CLASS 11
Articles of adornment.
CLASS 12
Means of transport or hoisting.
CLASS
...trademark infringement and dilution, false designation of origin and/or cybersquatting. Federal Law provides numerous legal remedies for trademark infringement and dilution, including, but not limited to, preliminary and permanent injunctive relief, monetary damages, claim to a defendant s profits " ...
Equipment for production, distribution or transformation of electricity.
CLASS 14
Recording, communication or information retrieval equipment.
CLASS 15
Machines, not elsewhere specified.
CLASS 16
Photographic, cinematographic and optical apparatus.
CLASS 17
Musical instruments.
CLASS 18
Printing and office machinery.
CLASS 19
Stationary and office equipment, artists and teaching materials.
CLASS 20
Sales and advertising equipment, signs.
CLASS 21
Games, toys, tents and sports goods.
CLASS 22
Arms, pyrotechnic articles, articles for hunting, fishing and pest killing.
CLASS 23
Fluid distribution equipment, sanitary, heating, ventilation and air-conditioning equipment, solid fuel.
CLASS 24
Medical and laboratory equipment.
CLASS 25
Building units and construction elements.
CLASS 26
Lighting apparatus.
CLASS 27
Tobacco and smokers supplies.
CLASS 28
Pharmaceutical and cosmetic
...most prominent is the UK Patent Office and the French Patent Office. All patent offices share a common connection via the EPO. In fact, the website www.espacenet.com may direct patent hunters to various national patent offices for further clarification. Apart ...
CLASS 29
Devices and equipment against fire hazards, for accident prevention and for rescue.
CLASS 30
Articles for the care and handling of animals.
CLASS 31
Machines and appliances for preparing food or drink, not elsewhere specified.
CLASS 99
Miscellaneous.
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