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In today’s world uniqueness is one of the most important characteristics for selling your product in the global market. The more unique and different your product is, the more demand it will have in the market. By design, we mean different shapes, sizes, and colours of the product which has a distinctive character through which a consumer can easily identify it.
it is equally important that every design of a company or businessmen is
registered in proper authorities so that no other person could misappropriate
with the registered design and mislead with the people.
Table of Contents
By simple meaning, design means a different or special way of making something like a product, packaging of the product, product colour, etc. In other words, the design could also be interpreted as the maker’s imagination of something to make something unique as well as different from others. Since every person has different imagination power and prospective of things it is important that it is protected by proper legislation.
The design has been defined in Design Act 2000 in Section 2(d) of the Act, defines a Design as:
“design” means only the features of shape,
configuration, pattern, ornament or composition of lines or colors applied to
any article whether in two dimensional or three dimensional or in both forms,
by any industrial process or means, whether manual, mechanical or chemical,
separate or combined, which in the finished article appeal to and are judged
solely by the eye; but does not include any mode or principle of construction
or anything which is in substance a mere mechanical device.
The industrial designs of all forms are renewable for a set period of years.
The following are the few important benefits that the applicant is eligible to get if he/she registers his design of inappropriate authority.
An application is to be made to the Indian Patent Office for the examination of the design. After that, an examination report is issued. Within the stipulated time i.e six months’ time, the applicant is required to file a reply regarding the objections raised in the examination report.
The reply may be accepted or rejected by the controller. If rejected then proper time will be provided for giving responses again. If the response is accepted then the application has complied and a certificate of registration is issued.
With the development of the Intellectual Property Act, an increase in the scope of its branches it becomes easier for the businesses for carrying out the business activities. Especially the design act provides significant benefit to the businesses like exclusive ownership right of design like sale and manufacture of the product for design has been registered.
if the design is original and has commercial potential in the market then by
registering the design, it will lead to a huge investment to the business in
the long run. Although it is well -noted fact that business with a high number
of designs registration in the market has a good reputation. In a broader sense
country with a high number of design, registration is considered more
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