Saturday, July 23, 2011

Cost of Product Design registration in india


Registration cost can be divided into two parts.
1. Government fees
2. Professional fees ( Charged by lawyer or agent)

Governmnet Fees:

Application for the registration of design is Rs 1,000

The Design Office is expected to register your design in six months.


Finding out whether any registration already exists
The Designs office can assist you to search whether the design has been previously registered. If the registration number is known, Form No.-6 should be filed along with the prescribed fees of Rs. 500. If the representation of the article or the specimen of the article is filed Form No.-7 along with the prescribed fees of Rs. 1,000 is required.

Validity:

The total time of a registered design is 15 years. Initially the right is granted for a period of 10 years, which can be extended, by another 5 years by making an application and paying a fee of Rs. 2000/- to the Controller before the expiry of initial 10 years period. The proprietor of design may make application for such extension even as soon as the design is registered.

Identifying the class of design

Designs are required to be categorized in separate classes in order to provide for systematic registration. An internationally accepted classification of Industrial Designs based upon the function of the article is required. The class and sub-class should be mentioned in the application. There are 32 classes and most of the classes are further divided into sub-classes.
 

 International protection of designs

India is one of the countries party to the  Paris Convention so the provisions for the right of priority are applicable. On the basis of a regular first application filed in one of the contracting state, the applicant may within the six months apply for protection in other contracting states; latter application will be regarded as if it had been filed on the same day as the first application. There is no registration authority that gives you a worldwide protection of your design. 
If you have applied for protection of the design in convention countries or countries which are members of inter-governmental organizations, you can claim registration of the design citing a priority date in India. This is the date of filing of the application in any of such countries provided the application is made in India within six months.
 
What does the term 'Design' mean according to the Designs Act, 2000 ?
 
"Design" means only the features of shape, configuration, pattern, ornament or composition of lines or colours applied to any article whether in two dimensional or three dimensional or in both forms, by any industrial process or means, whether manual, mechanical or chen-iical, 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.


What are the designs not registrable under the Act?

A design which
(a) is not new or original; or

(b) has been disclosed to the public any where in India or in any other country by publication in tangible form or by use in any other way prior to the filing date, or where applicable, the priority date of the application for registration; or

(c) is not significantly distinguishable from known designs or combination of known designs; or

(d) comprise or contains scandalous or obscene matter, shall not he registered.

* Source : http://www.ipindia.nic.in/
* Disclaimer Post applies

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