1. Overview and Information:

‘Design’ is a two-dimensional or three-dimensional structure or combination of colours used in any object. A good design has an emotional impact on the customers. It draws the attention of the customer and also boosts the demand for the goods resulting in an increase in the commercial value of the goods

The registration of design is valid for a period of 10 years which can be extended for a further period of 5 years.

2. Filing and Prosecution:

The office of the Controller of Designs and the only Designs office in India is located in Kolkata. Though a design application can be filed in any of the Intellectual Property offices, the file is transferred to Kolkata and all prosecution in the matter including hearings etc. take place in Kolkata.

The most important thing to remember if one is interested in protecting a unique design is that the Design application must be filed before actually making the design public. Also, clear depictions of the product from various angles must be provided to be submitted.

3. Cancellation Proceedings:

Even after the registration of a design, any person interested may file a petition for cancellation of a registered design before the Controller of Designs.

The petition for cancellation of registration of a design may be filed on any of the following grounds:

(i). that the design has been previously registered in India;

(ii). that it has been published in India or in any other country prior to the date of registration;

(iii). that the design is not a new or original;

(iv). that the design is not registrable under this Designs Act;

(v). that it is not a design as defined under Section 2(d) of the Designs Act.

4. Post-Registration Procedures:

The post-registration procedures in respect of registered designs may include:

(i). Extension of Copyright(renewal): At the expiration of the original period of 10 years, a registered design can be extended for a further period of 5 years on application.

(ii). Restoration of Lapsed Designs: When copyright in a registered design has ceased to have effect due to non-payment of fees for extension of copyright, the registered proprietor or legal heirs may apply for restoration within twelve months from the date on which the design ceased to have effect.

(iii). Transfer of Rights: The transfer of rights in a registered design may happen due to assignment, transmission or operation of law. Our team provides end-to-end services in this regard including drafting and execution of appropriate documents related to the transaction and making appropriate changes in the register of Designs.