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Complete design registration.
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. This registration provides authority to the owner to use the Design for ten years, and the time can be further extended for the next five years. The present article briefs the Design Registration procedure in India.
(1) Exclusive rights over the new and original design.
(2) An asset of the owner.
(3) Can inititae a legal proceeding in case of infringement by a third-party.
(4) Serve as a prima facie evidence in an infringement suit.
(5) Right to sell, transfer and license the design with ease.
(1) Conduct a design search.
(2) Prepare and file the application.
(3) Examination of the application.
(4) Publication in the official gazette.
(5) Grant of registration
(6) Renewal of registration
(1) Form 1 in the prescribed format.
(2) Representations should be prepared as prescribed under Rule 12, 13and 14 of The Designs Rules and should be submitted in duplicate.
(3) Form-21(Power of authority/General Power of authority) in original.
(4) 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.
(5) Form-24 in prescribed format.
(6) It should be accompanied with evidence of registration under MSME Act, 2006 in case of Indian entities.
(7) This should be accompanied with affidavit deposed by the applicant or authorised signatory as Rule 42 of Designs Rules in case of foreign entities.
(8) Original Priority document under Rule 15 of The Designs Rules.
(9) Authenticated English translated copy of the Priority document.
(10) Assignment in original.
(1) What is Design Regitration?
(2) What is meant by the register of designs?
(3) What shall be the date of design registration?
(4) What is meant by design piracy?
