Q1. What are designs?
Designs are for products and articles that appeal to the eye of an individual and identifies with the shape and presence of the products or articles and it should be applied by a mechanical or chemical process.
Q2. What is implied by an ‘article’ under the Designs Act, 2000?
Under the Designs Act, 2000 the ‘article’ signifies any material which can be made or sold independently irrespective of the fact whether it is natural or artificial.
Q3. What is a Design under the Designs Act, 2000?
Design signifies the highlights of the shape, setup, pattern or arrangement of lines or tones applied to any article whether in two dimensional or three dimensional or both, using manual, chemical/mechanical, separate/combined, whichever is appealing to the eyes.
Q4. What is the object of registration under design act?
The main object of registration under the Designs Act is to ensure the artisan/creator of the design is not deprived of his reward for creating the same, and prevent others from copying their design in their goods/services.
Q5. What is the impact of registration of design?
The registration of a design provides the owner copyright in the article. It provides absolute privilege to apply a design to the article having a place with the class wherein it is enlisted.
Q6. Is it conceivable to re-register a design in regard of which Copyright has terminated?
No. An enrolled design the copyright of which has terminated can’t be re-enlisted.
Q7. What artistic works are not topic of enrollment?
An artistic work, as characterized under Section 2(c) of the Copyright Act, 1957 is not a topic of enrollment. Artistic work includes, a work of architecture, any artistic work, paintings, drawings, photographs whether or not such work is possesses artistic quality.
Q8. Which design will qualify for registration under designs Act?
Any design will be barred from registration if:
1. A design which is not new/unique.
2. A design which is foreseen by earlier distribution or earlier open use.
3. A design which is not recognizable or is a blend of known designs.
4. A design which is obscene/scandalous.
Q9. Are the enrolled design open for public examination?
Yes, the enrolled designs are open for public examination, after publication in the official journal at an expense of Rs 500/- on a solicitation made on Form 5.
Q10. When is the ideal time for applying for a design enlistment?
The application for filing of a design should be documented, as soon as the plan is made so that it stays new when applied, and before making it public either by use/distribution.
Q11. Is it possible for a design to be restored?
Indeed, a Design registration can be re-established within a year from its date of expiry.
Q12. Is there any criminal remedy for design registration infringement?
No there is no criminal remedy available for this infringement.
Q13. What civil remedies are available for design registration infringement?
In case of design infringement, the owner has the right to file a suit against the infringer for recovery of damages, injunction order and seizure of the infringing items.
Q14. How long does a Design Registration endures in India?
A Design once registered, is substantial for 10 years from the date of registration. In cases, where priority claim is permitted, the duration is 10 years from that priority date. A design can be re-established for an additional five years on payment of endorsed expense.
Q15. For what reason is it significant for documenting the application for enlistment of design at the earliest conceivable?
Firstly, filing is necessary for registration of design. Secondly, at least two applications identifying with an indistinguishable or a comparative plan are documented on various dates just first application will be considered for registration of plan.
Q16. What acts decimate the novelty of a design?
Earlier distribution or show or/and earlier utilization of the design are the activities that would decide the novelty of the design.
Q17. What does priority claim mean?
As, India is a member of the Paris Convention, so right to priority is pertinent. The first application will be documented in one of the contracting states, and the candidate may in a time period of half year apply for assurance in other contracting states. The last application will be viewed as though it had been recorded around the same time as the principal application.
Q18. How will this design act stop people from exploiting the design?
In the event that an enlisted Design is abused in an unapproved way, such misuse can be dealt with in an official courtroom (not the Patent Office) by a common suit. The Design-holder may likewise request harms to the extent of rupees 50,000 for each instance of Design infringement.
Q19. What are classes under design act?
The sum total of what articles have been arranged in the Indian Design Act into different classes for the accommodation of both the candidates and the Design Office with the end goal of Design enlistment. Applications for Design enrollment must be made in a specific class. One can’t apply for a similar Design in more than one class.
Q20. Is it possible for the registered design to be quashed by the controller?
Truly at any time during the registration of design, any individual can look for quashing of the same by documenting an application before the Controller under Section 19 and 31 of the Designs Act, 2000 in Form 17 by paying the recommended charge of Rs 500/.