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Along with India's liberalisation and globalisation, a wide range of products are available for consumers to pick from. In today's materialistic society, something's appearance takes precedence above its usefulness or quality. Manufacturers and producers need to consider both dependability and attractiveness.
A beautiful object brings joy forever, as the saying goes. A poll revealed that individuals nowadays would make a hasty decision about an item if it had a visually appealing design. Indian buyers are very picky because there are many options available for a single product. Because of this, manufacturers now spend a lot of money on the product's appearance, investing in the creation of creative designs to improve the product's appearance. They employ qualified designers whose responsibility it is to apply thought to developing appealing and improved designs. The importance of hiring a qualified designer and registering their work with the appropriate authority is growing daily.
An article's design, not the content itself, is the item used in the article. The design should be included into the item itself, such as in the shape of a three-dimensional stand or suspension, such as a bottle or flower vase, or in a dual design case, such as wallpaper used for decoration. The project should be used on an item that will be provided to the consumer as a finished article.
The design should be able to be applied to the item in a way that makes it appealing and only possible to be evaluated by the eyes. There should be an obvious draw to a certain shape, suspension, pattern, or design. The registration requirement must be "judged by eye" and "eye-catching." It might be argued that,
A design can only be registered if it is brand-new or unpublished in India and original. Only if the pattern is employed in the new article, despite the fact that it is well-known, can the design be registered. For instance, a school bag would prevent the shape of an apple from being recognised.
In one instance, it was decided that a registration could not be regarded as genuine unless the design that needed protection was fresh and unique, not of the pre-existing standard type. Additionally, it won't be registered under the Act if it has pornographic material. It was suggested that determining the sort of psychological activity engaged in the conceptualization of the project in issue was crucial to the experiments with innovation and originality. The designer can be said to have kept the original design and made some adjustments if the new design is simply a commercial variation of the old one. A unique psychological process must be engaged in order to come up with a fresh design. The freshness or ownership of a particular section of the article is insufficient to convey the piece's overall sense of youth and emergence. If the new combination has a discernible effect, it is possible to register a combination of previously published designs.
The design can only be registered if it hasn't already been published in India. A court ruled that publication means the polar opposite of confidentiality. Even a single exposure can result in a publishing. The Design Act prohibits the registration of designs that are not clearly distinguished from existing designs or combinations of existing designs. Publishing designs must be made available to the general public and then abandoned. E.g.: - A design is published when it is displayed on a saree during a fashion show.
Design registration is the process of legally protecting the unique visual appearance of a product. This includes its shape, configuration, pattern, or ornamentation, ensuring that others cannot use or reproduce the design without permission.
Design registration provides legal protection against unauthorized use or imitation, helping businesses maintain their competitive edge and ensuring that their investments in design innovation are safeguarded.
In most jurisdictions, a registered design is protected for a period of 10 years, which can often be extended for an additional five years, subject to renewal fees and compliance with local laws.
To apply for design registration, you must submit an application to the relevant intellectual property office, including the required documentation, design drawings or photographs, and applicable fees. Consulting with a legal professional can streamline this process.
Designs that are already in use may still be eligible for registration as long as they meet the criteria of originality and novelty. However, prior use may affect the scope of protection, so it's advisable to conduct a thorough search before applying.