Industrial Design Rights are a set of Intellectual Property Rights that protect the visual design of objects. The creation of shape, configuration or composition of pattern or color or combination of pattern and color containing aesthetic value constitutes an industrial design. The rights last for a term of fourteen years. The protection given by the law relating designs to those who produce new and original designs is primarily to advance industries and keep them at a high level of competitive progress.
Classification
Almost all jurisdictions including India follows Locarno Classification for registration of Design comprising 32 classes, numbered 1 to 31 and an additional class 99 to include articles not falling under the aforesaid 31 classes. Most of the classes are further divided into sub classes. Design applications must be filed in a particular class depending upon the predominant material with which the article is made or is capable of being made. Where a registration is required for more than one class separate applications should be filed for each class.
Classification for the Purposes of the Registration of Designs
According to the Locarno Classification System, the Designs Register is divided into 32 classes. The application for design has to be filed in a particular class to obtain protection in that class.
Rights Conferred by Registration
The registration of a design confers the proprietor copyright in the design for the period of registration. Copyright means the exclusive right to apply the design in respect of the article for which it is registered. The rights of the proprietor of a restored design will be subject to the provisions prescribed, if any.
A proprietor or any other person/company assigned by the inventor can apply and obtain the registration for the design. Any person claiming to be the inventor any new or original design not previously published in any country mat apply for registration of the design.
An application for design on Form-1 accompanied by four copies of representation of the design and prescribed fee of Rs. 1000/- is filed at one of the four offices of the Patent Office located at, Kolkata, Mumbai, Delhi and Chennai. The Designs Office initially provides a filing number and filing date and issues a filing receipt, which is sent to the applicant or his attorney. On the receipt of the application it will be examined by an examiner to see whether the design can be registered under the Act. Thereafter the application is formally examined by the Designs Office. Defects will be communicated to the applicant. Once the application is found to be in order it is accepted and the Designs Office issues the registration certificate. The design when registered will be registered as of the date of the application for the registration.
Registration of designs will be in the first instance being for a period of 10 years. And this period of protection can be extended to a period of 5 years.