DESIGNS REGISTRATION IN INDIA
An application is to be made under the Designs Act and the Designs Rules. The following documents are required for filing of an Application:
- Application in prescribed format
- Representation of the design in a suitable manner
- Brief Statement as to the novelty claimed
After the Application has been made, the Controller shall cause the Application to be examined and issue an Examination Report, stating his objections, if any.
After the Application has been accepted, the particulars of it along with the representation of the Article, sought to be protected, are registered and published.
A design registration is in force for a period of 10 years, and can be renewed for a further period of 5 years.
A design can be cancelled at the instance of any Interested Person filing a Petition, after the registration of design on the grounds of:
- Design is previously registered in India
- Prior Publication, anywhere
- Design is not New
- Prohibited Grounds of Registration
- Beyond the Scope of Definition of Design
The Registered Proprietor has the opportunity to file a Counter Statement arguing the grounds set forth in the Petition so filed, and both sides are allowed to file evidences in support of their pleas, maturing into a hearing.