Therefore, the design of an article and even design of its packaging is important from the commercial view point.
The Design Act, 2000, after repealing the Act of 1911 aims at the protecting the designs which serve the purpose of visual appeal. A design to be registerable under the Designs Act, 2000, must be some shape, configuration, pattern or ornamentation or composition of lines or colours applied to such article in any form by any industrial process or means but does not include any mode or principle of construction or anything which is in substance a mere mechanical device but does not include any TRADE or Property mark or artistic work. Only particular class of articles can be registered under the Act. The design must be capable of being applied to an article in such a way that the article to which it is applied will appeal to and judged solely by the eye. The particular shape, configuration, pattern or ornamentation must have only an appeal.
Procedure for design registration
1. Preparation of Application for design Registration and submission of the same along with copies of design
2. Attending to the proceedings and obtaining Provisional Papers after necessary follow up.
3. Official objections / Hearing, if any.
4. Publication in official journal
5. Opposition, if any
6. Registration Certificate
Krislaw Consultants is one of the premier IPR Consulting Firm in India, Providing guidance and consultation in core area of Trademarks, Copyrights, Patents and Designs & further extending assistance for registration and protection of Intellectual Property.
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