- Design Search
- Design Filing
- Design Prosecution before the Design Office
- Design Registration
- Design Renewal
- Design Rectification or Cancellation
- Design Appeal
- Design Assignment
- Design Licensing
- Design Litigation
An article’s innovative shape, configuration, surface pattern, ornamentation, or application of two-dimensional aspects like patterns, lines, or colour to the article that appeals to the eye alone when finished are recognised as unique and original features in industrial design. When a product’s design is protected, the owner is given the right to market exclusivity for specific designs and/or shapes.
When a design rights holder exercises those rights, no one else may make, use, sell, import, or export the design without permission. The IP owner must, however, use design search to keep an eye on the market and take legal action against anyone who uses the design without permission. Design searches are typically more complicated because they entail properly comprehending the many references and contrasting the design as presented by those sources with the decorative characteristics of the design under consideration. A very small number of searchable fields are often included in industrial designs. Due to the restricted number of text-based fields, it frequently takes a lot of time and labour to analyze the said aesthetic qualities properly and do the comparisons. Understanding the local design law of the relevant jurisdiction is crucial when performing an industrial design search. We can help you answer quickly to any objections raised in connection with your design search so that your problem is not unresolved if there are any. Furthermore, we can assist you with the resources required to pursue a sensible legal course of action and help you with enforcement.
Because industrial designs can be commercially exploited, promoted to any segment of society, and have aesthetic appeal, they should be registered. Industrial design registration is a two-step procedure in India. The applicant has to file application for registration of his/her design at design office in the initial stage. If the application is successfully accepted then the applicant can claim rights for his/her design. We can significantly reduce your legal hassles so you can concentrate on running your company while we handle the rest. Lexmotion can assist you to have your design registered within few months.
Design prosecution before the Design Office
Design prosecution involves application, examination, objection, rectification/cancellation, grant, publication, term of design, prosecution frame, time frame. Anyone can submit an application for design registration in India if he or she claims to be the owner of a brand-new or unique design that hasn’t been previously published in any nation. The Controller of Patents and Design will send the issue to the Examiner of Designs after receiving the design application. The Examiner will check to see if the application complies with the formal and substantive requirements as set forth by law and if the applied design is eligible for registration. If the application is lacking in any way after a thorough formality check, the Examiner informs the Controller, who then notifies the applicant with the statement of objections. If the applicant does not correct the errors within three months of receiving communication, the application will be deemed withdrawn. If the applicant wants to dispute the objection(s) raised by the examiner, he can react to them by outlining his defence in detail. The Controller will next conduct a hearing to reach a decision. The design will then be added to the register of designs after the Design Office will approve registration after agreeing to the application, registration certificate is given out. Publishing of the application in the official gazette, together with a representation of the item on which the design will be used. The registration period lasts for 15 years. The original term of the registration is 10 years, and it is renewable for an additional 5 years. Our extensive experience, which covers everything from complex operations to advice on all phases of a case, ensures that Lexmotion, in a manner, is best suited to the requirements of our clients.
Registering the design upon the request of any individual claiming to be the owner of a novel or unique design that hasn’t been published before somewhere else and that isn’t against morals or public order. Every application under must be submitted to the Design Office in the authorised format, with the required number of authentic papers, and with the prescribed fee. India has design office in Kolkata. Get strategic and comprehensive advice by seasoned IP lawyers at Lexmotion in matter of design registration and disputes concerned with it.
The registration period lasts for 15 years. The original term of the registration is 10 years from the application date, and it is renewable for an additional 5 years. The owner of a registered design may submit a request for the restoration of a lapsed design. Within a year after the registered design’s expiration date, an application for renewal of the lapsed design must be submitted.
Design rectification or cancellation
Any aggrieved party may file an application for the rectification of the register of designs if an entry is omitted, not inserted, made without good reason, maintained incorrectly in the register of designs, or contains any other flaw.
Any person interested in the cancellation of the registration of the design may file a cancellation action if the design has already been registered in India, has been published in India or in another nation before the date of registration, is not a new or original design, is not registrable under this Act, or is not a design as defined by the Act. Our team of dedicated IPR attorneys at Lexmotion assists clients in finding the appropriate legal remedy.
Anyone who feels wronged by the Controller’s decision to refuse to register a design may file an appeal with the High Court. Within three months from the date of controller’s decision, the appeal must be filed. All this can be a cakewalk with the guidance of seasoned lawyers of Lexmotion. We efficiently aid clients in filing such cases.
A registered design may be assigned or transmitted, and the details of the assignment or transmission must be recorded in the register of designs to confer rights on the recipient. The application for registration of title under such instrument must be filed in the prescribed manner with the controller within the allotted time, that is, within six months of the execution date. An application for ownership must be made to the Controller after a design is registered in order for the title to be registered in the name of the new owner. A copy of the instrument of assignment must be presented in its original condition. The assignment agreement must be in writing, and it should include all of the terms and conditions, as well as address all of the parties’ concerns. These cases demand a lot of critical analysis and the nuances of IP law; Contract Act to be rightfully interpreted and handled by a veteran lawyer and experienced team of legal professionals, which Lexmotion can exclusively provide you.
While the registered owner still retains ownership of the design, licensing allows another individual than the legally registered owner to create, use, and sell the design. The owner of the design will typically demand a fee or royalty in exchange for giving a license to someone. If you are participating in a licensing agreement, one must make sure that it is in written and that it specifies the license’s duration as well as any associated fees or royalties. Additionally, licenses must be registered for a fee that with the Design Office. Our team of committed and knowledgeable IPR attorneys assists clients in finding the appropriate legal recourse.
The Controller shall, for any litigation before him, subject to any rules in this regard, have all the powers of a civil court, including the authority to receive evidence, administer oaths, enforce witness attendance, order the production of documents, issue commissions for the examination of witnesses, and award costs, which shall be actionable in any court exercising jurisdiction as if it were a judgement of that court. A district court where the cause of action has arisen within territorial jurisdiction must receive a complaint for design piracy. However, only the High Court has the authority to hear the subject and it must be transferred there once any grounds for the cancellation of designs are raised in the aforementioned lawsuit or any other actions. We can assist you with strategic legal advice, expert litigation and the resources required pursuing a reasonable legal course of action and enforcement in respect design infringement cases.