DESIGN means any design, form or shape of materials made through the preparation by any method.
RIGHT ON DESIGN
-
Any body may have a right on a design of any goods under the act, which is made or caused to be made by him, and has been registered in Department.
-
Owner ship of a design can be transfer.
-
No body shall make any goods by using other’s design or in a way to manipulate the people in general and copying such design without written consent of the person in whose name design is registered.
APPLICATION FOR REGISTRATION OF DESIGN
-
Person willing to get registered a design of any goods made or caused to be made by him shall apply to the department along with a description, drawings and sketch of design and four copies of its model.
-
Applicant shall submit prescribed application fee.
REGISTRATION OF DESIGN
-
The Department after examination of any application shall register the in name of applicant
-
The applicant shall pay prescribe registration fee to the Department to obtain the certificate of registration.
UN-REGISTRABLE DESIGN
The design shall not be registered;
-
If, it is deemed to make adverse affect in the dignity of any individual or institution or,
-
It makes bad affect in the well being and morale of the people in general or in the national interest, or
-
If such design has already been registered to the name of other person
-
Department also looks whether the design to be registered is new and original.
Department may cancel the registration of any design in case if it deems that there is a situation of above.
TERMS AND RENEWAL OF DESIGN
-
The design holder shall have his right on the design for a period of five years from the date of its registration.
-
The design holder shall renew the registration of design within 35 days from the date of expiry.
PENALTY TO THE VIOLATOR
|
