A design means any design applied to any article, or to any substance artificial or natural or partly artificial or partly natural. It must have an appeal to the eye and should have individuality in appearance.
CHARACTERISTICS OF A DESIGN
- Original – Design protection is grantee for work which is original.
- Intellect and skill – the designer should have expended intellect and skill in the creation of the design.
- New application – Design protection is granted for such designs which though old are new in their application.
BENEFITS OF REGISTRATION
- Exclusive right to apply a design to an article in respect of which it is registered.
- The right to obtain relief in respect of infringement of the design in the manner provided in the Design Act, 2000.
- Design Registration is a prima-facie proof of proprietorship in the Court of Law.
TERM OF REGISTRATION
1. Once Registration is granted it is valid for ten years from the date of filing the application.
2. After the expiry of the first ten years the registration may be renewed for another 5 yrs only.