law of industrial patent design in india by vijay dalmia
DESCRIPTION
Law of Industrial Patent Designs in India- Procedure & Remidies by Vijay Pal Dalmia, IP LawyerTRANSCRIPT
Intellectual Property & Information Technology Laws Division
ByVijay Pal Dalmia, Advocate
Head Intellectual Property & Information Technology Laws Division
The Design Act, 2000
The Design Rules, 2001
Industrial designs is one of the categories of IPR where the design system focuses on the aesthetic feature of an article derived from its visual appearance.
Relevant aspects are the shape, configuration, surface pattern, the colour or line or a combination thereof as applied to an article which produces an aesthetic impression on the sense of sight.
Features of shape, configuration, pattern, ornament, composition of colour or line or a combination thereof
Applied to any article Whether 2D or 3D or in both forms By any industrial process or means Appeal to and are judged solely by the
eye.
New or Original Relate to features of shape, configuration,
pattern or ornamentation Applied to articles by any industrial process. Appeal to and solely judged by the eye. It should not include any Trademark or
Property mark or It should not include artistic works as
defined under the Copyright Act It should not be mere mechanical Device
Has not been disclosed to the public anywhere in any tangible form or by use or in any other way prior to the date of filing/priority date;
Is significantly distinguishable from known designs or combinations thereof;
Does not comprise or contain scandalous or obscene matter
Any person whether a citizen of India or not◦ Person includes
Individual Legal entity
◦ Claiming to be the Proprietor
His Legal representative His Assignee
Application can be made either jointly or separately
Date of registration is the actual date of filing of the application.
In case of registration of design with priority, the date of registration is the date of making an application in the reciprocal country.
The period for making such an application in the reciprocal country is 6 months.
(i) Application form 1 with requisite fee of Rs. 1,000/-, should contain full name, nationality, address, class no, articles name and address for service in India.
(ii) Four sets of Representation sheets in durable paper of A4 size, pasted with the photographs/drawings of the article from different angles.
(iii) Power of attorney (if required)
(iv) Priority document (for convention application).
A4 size white durable paper Sheet Number to be mentioned in each
sheet Photographs/line diagrams/computer
graphics of the article Name of the views Statement of novelty Disclaimer Signature of the applicant/agent Date
An Application for◦ Registration of Designs◦ Request for Extension of Copyrights◦ Petition for Cancellation of Designs◦ Rectification of Register of Designs
Can be filed at◦ Head Office at Kolkata;◦ Branch Offices at Delhi, Mumbai & Chennai.
Branch Offices will transmit the documents to Head Office for Processing and Prosecuting the same
Exclusive right to apply a Design to the article in the class in which the design has been registered.
Proprietor of Design can sue for infringement.
Right to assign or license his Design for a consideration or Royalty.
10 Years from the date of registration
Extendable for another 5 years on payment of renewal fee of Rs. 2000/-
Previously registered in India Published in India or other Countries prior to
the date of registration Not a new or original Design Not a Registerable Design under this Act Not a Design under Section 2(d) of this Act
Concept of Partial Design and InfringementConcept of Partial Design and Infringement
InfringementInfringement
No InfringementNo Infringement
Registration of design will lapse on non-payment of extension fee for further term of 5 years if the same is not paid before the expiry of 10 years.
Design may be restored on:◦ Application for restoration in prescribed form with
a fee of Rs. 1000/- within 1 year from the date of lapse.
◦ If the application is allowed, an additional fee of Rs.1000/ is charged.
Year Indians Foreigners
Total
1993-94 1453 202 1655
1994-95 1570 280 1850
1995-96 1783 241 2024
1996-97 1922 435 2357
1997-98 2056 539 2595
1998-99 2381 695 3076
28743207
38403124
2257
4017
2067
3207
3840
3124
3228
40171382
2430
2426
23642547
3718
0 2000 4000 6000 8000 10000 12000 14000
1999-2000
2000-2001
2001-2002
2002-2003
2003-2004
2004-2005FiledExaminedRegistered
Share of Designs by Selected Countries
Korea16%
Japan21%
Other21%
UK5%Germany
5% USA8%
Australia2%France4%Austria3%
India2%
China13%
No. of entry
On What possible Form
No.
Fee (Rs.)
1 On application for registration of Design under Section 5 & 44
1 1000.00
2 On claim under Section 8(1 ) to proceed as an applicant or joint applicant
2 500.00
3 On application for extension of copyright under Section 11(2)
3 2000.00
4 On Application for Restoration of lapsed design under Section 12(2)
4 1000.00
5 Additional fee for Restoration --- 1000.00
6 Inspection of Registered design under Section 17(1)
5 500.00
7 On request for information of design when registration No. is given under Section 18.
6 500.00
8 On request for information of design when registration No. not given .
7 1000.00
FEESFEES
Contd …
No. of entry
On What possible Form
No.
Fee (Rs.)
9 On application for cancellation of design under Section 19
8 1500.00
10 Notice of intended exhibition or publication of an unregistered design under Section 21
9 500.00
11 Application for registration of a document in Register of Designs under Section 30(3):
(i) In respect of one Design;
(ii) For each additional Design
10500.00200.00
12 One application for entry of name of proprietor or part proprietor in Register of Designs under Section 30:
(i) In respect of one Design;
(ii) For each additional Design
11
500.00200.00
13 On application for entry of mortgage or license in Register of designs under Section 30:
(i) In respect of one Design;
(ii) For each additional Design
12
500.00200.00
FEESFEES
No. of entry
On What possible Form
No.
Fee (Rs.)
14 Application for entry of notification of a document in the Register of designs under Section 30 and Rule 37: (i) In respect of one Design;
(ii) For each additional Design
13
500.00200.00
15 On request for correction of clerical error under Section 29
14 500.00
16 On request for certificate under Section 26 and Rule 42
15 500.00
17 On application for certified copy of Registered design Under Section 17(2)
16 500.00
18 On application for rectification of Register of design Under Section 31
17 500.00
19 On application for extension of time for filing priority Document under Rule 15.
18 200.00(per
month)
20 On Notice of opposition under Rule 40 19 100.00
FEESFEES
No. of entry
On What possible Form
No.
Fee (Rs.)
21 Notice of intention to attend hearing under Rule 29 and 40
20 500.00
22 Form for authorization of agent or other person. 21 ----
23 On request to alter name or address or address for Service in the Register of design under Rule 31.
22 200.00
24 On request for entries of two addresses in the Register of Design.
23 200.00
25 On petition under Rule 46 for amendment of any document
--- 500.00
26 On petition under Rule 47 for amendment of any document
--- 500.00
27 Inspection of Register of Design under Rule 38 (in respect of each design).
--- 250.00
FEESFEES
THANK YOU FOR YOUR VALUABLE TIME & THANK YOU FOR YOUR VALUABLE TIME & LISTENINGLISTENING
Flat No 903, Indra Prakash, 21, Barakhamba Road,New Delhi 110001 (India)
Phone: +91 11 42492532 (Direct)Phone: +91 11 42492525 Ext 532
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email:- [email protected]
Intellectual Property & Information Technology Laws Division
Vijay Pal Dalmia, AdvocateHead Intellectual Property & Information Technology Laws Division