Design registration is a type of intellectual property protection, under which a newly created design applied to an article created under an industrial process can be protected from counterfeiting. Under the Design Act, 2000, a shape, configuration, pattern or ornament or composition of lines or colour or combination applied to any article can be registered. For a design to be registered, it must satisfy the following conditions:
It must be new and original,
The design should relate to features of shape, configuration, pattern or ornament applied to an article,
The design must be applied to any article by an industrial process and the design must be visible and should appear on an article.
Design registration provides the creator, exclusive rights over use of the design for a period of ten years, that can be further extended for a period of five years. In case of infringement, the owner of a registered design can seek legal remedy under the Design Act.
Four specimen copies of the design
A statement of novelty which describes how the design is unique should be submitted with the aforementioned documents
A certified copy of the original or certified copies of extracts from disclaimers
Form 1 in the prescribed format (as in Schedule-II of the Designs Rules )
Representations should be prepared as prescribed under Rule 12, 13 and 14 of The Designs Rules and should be submitted in duplicate.
Form-21(Power of authority/General Power of authority) in original (if filed through patent agent/advocates) (as in Schedule-II) If the applicant files copy of General Power of authority (GPA), it should be endorsed with the design application number, with which the original GPA has been filed.
Form-24 in prescribed format(if small entity status is claimed) (as in Schedule-II)
It should be accompanied with evidence of registration under MSME Act, 2006 in case of Indian entities
It should be accompanied with affidavit deposed by the applicant or authorised signatory as Rule 42 of Designs Rules in case of Foreign entities
Original Priority document under Rule 15 of The Designs Rules
Authenticated English translated copy of the Priority document (if original priority document is other than English).
Assignment in original (if the applicant of priority application in convention country is different from Indian applicant)