In present scenario, the Designs Act, 2000 and the Designs Rules, 2001 are governing the India’s design law. The industrial design registration grants the proprietor the exclusionary rights of selling, importing and applying it to any product.
India has adopted the ‘first to file’ system, which means that the right holder should file the application on the earliest point of time to rule out the possibility of any other person claiming for the rights of the intended designs.
All such persons can apply for the industrial design rights if they are the proprietor of the design and as far as the design is new, not previously published in any nation, reproducible through the industrial means, not against to the public order, distinct from the known designs, not consists of any obscene material, eye catching.
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According to the designs law in India, the proprietor can file for the design application only if they have their business center in India otherwise they are required to file the application through the attorney/agent who will in turns design search, prepare file and finally done the prosecution of the application.
The applicant or its assignee can also file the application directly with the filling of the requisite information. Applicants will be examined by the design offices for ascertaining the availability of the intended designs.
The applicant must respond to any objection within the period of 3 months and if he fails to comply with this time limit then the application would be considered to be rejected.
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Therefore, on the basis of the responses of the objections filed by the applicant, the Controller of Designs determines that whether the application should be accepted or canceled or should be put up for the hearing.
The registration of design is valid for the period of 10 years which can be extended further for 5 years on the payment of renewable fees. One can transfer the rights of the industrial designs to other person or party with the help of an assignment, transmission or license.
Registered designs are kept to be open for public inspection only after they publish in the office gazette by paying the prescribed fees.
There are some artistic work which is not possible to be registered as the design: a painting, a sculpture, a drawing (including a diagram, map, chart or plan), an engraving or a photograph, whether or not any such work possesses artistic quality, a work of architecture/any other work of artistic craftsmanship.
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In case of the piracy of the registered designs, then the person who has contravene the copyright in the design would be held liable for the fine not exceeding to Rs.25,000 and maximum to Rs.50,000.
The registration of design can be canceled at any time after filing the cancellation petition with the prescribed fees to the Controller of Designs.