Frequently Asked Questions

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Yes, the same applicant can apply again since no publication of the abandoned application is made by the Patent Office, provided the applicant does not publish the said design in the meanwhile.

After registration of designs the most relevant view(s) of the article along with other bibliographic data will be available in the official gazette, which is being published on every Saturday. However, such provision cannot be implemented at this stage due to insufficient infrastructure.

Yes, it is possible to transfer the right through assignment, agreement, transmission with terms and condition in writing or by operation of law. However, certain restrictive conditions not being the subject matter of protection relating to registration of design should not be included in the terms and condition of the contract/agreement etc. An application in form-10, with a fee of Rs. 500/- in respect of one design and Rs. 200/- for each additional design, for registration of the transfer documents is required to be made by the beneficiary to the Controller within six months from the date of execution of the instruments or within further period not exceeding six months in aggregate. An original/notarized copy of the instrument to be registered is required to be enclosed with the application.

India is one of the countries party to the Paris Convention so the provisions for the right of priority are applicable. On the basis of a regular first application filed in one of the contracting state, the applicant may within the six months apply for protection in other contracting states, latter application will be regarded as if it had been filed on the same day as the first application.

A registration of design will cease to be effective on non-payment of extension fee for further term of five years if the same is not paid before the expiry of original period of 10 years. However, new provision has been incorporated in the Act so that lapsed designs may be restored provided the following conditions are satisfied:

  1. Application for restoration in Form-4 with fee of Rs. 1,000/- is filed within one year from the date of lapsed stating the ground for such non-payment of extension fee with sufficient reasons.
  2. If the application for restoration is allowed the proprietor is required to pay the extension fee of Rs. 2,000/- and an additional fee of Rs. 1,000/- and finally the lapsed registration is restored.

Name of the registered proprietor, address or address for service can be altered in the register of designs provided this alteration is not made by way of change of ownership through conveyance i.e. deed of assignment, transmission, licence agreement or by any operation of law, for which reference may be made to the answer against Q. 21. Application in form-22 with a fee of Rs. 200/- should be filed to the Controller of Designs with all necessary documents in support of the application as required.

Yes, registered designs are open for public inspection only after publication in the official gazette on payment of prescribed fee of Rs. 500/- on a request in Form-5.

The application for registration of design can be filed by the applicant himself or through a professional person (i.e. patent agent, legal practitioner). However, for the applicants not resident of India an agent residing in India has to be employed.

Once a design is registered, it gives the legal right to bring an action against those persons (natural/legal entity) who infringe the design right, in the Court not lower than District Court in order to stop such exploitation and to claim any damage to which the registered proprietor is legally entitled. However, it may please be noted that if the design is not registered under the Designs Act, 2000 there will be no legal right to take any action against the infringer under the provisions of the Designs Act, 2000.

The Patent Office does not become involved with any issue relating to enforcement of right accured by registration, similarly The Patent Office does not involve itself with any issue relating to exploitation or commercialization of the registered design.

If a group of articles meets the following requirements then that group of articles may be regarded as a set of articles under the Designs Act, 2000:

  1. Ordinarily on sale or intended to be used together.
  2. All having common design even though articles are different (same class).
  3. Same general character.

Generally, an article having the same design and sold in different sizes is not considered as a set of articles. Practical example: "Tea set", "Pen set", "Knife set" etc.

An artistic work as defined under Section 2(c) of the Copyright Act, 1957 is not a subject matter for registration which reads as follows:

"Artistic works" means: -

  1. A painting, a sculpture, a drawing (including a diagram, map, chart or plan) on engraving or a photograph, whether or not such work possesses artistic quality.
  2. An work of architecture and
  3. Any other work of artistic craftsmanship.

In the third Schedule of Design Rules, 2001 the classification of goods has been mentioned. The classification is based on Locarno Agreement. Only one class number is to be mentioned in one particular application. It is mandatory under the Rules. This classification has been made on the basis of Articles on which the design is applied.

Practical Example: If the design is applied to a toothbrush it will be classified under class 04-02. Similarly if the design is applied to a calculator, it will be classified in class 18-01. Subsequent application by the same proprietor for registration of same or similar design applied to any article of the same class is possible, but period of registration will be valid only upto period of previous registration of same design.

A mark used for denoting that movable property belongs to a particular person is called a property mark. It means that marking any movable property or goods, or any case, package or receptacle containing goods; or using any case, package or receptacle, with any mark thereon.

Practical example: The mark used by the Indian Railway on their goods may be termed as a Property Mark for the purpose of easy identification of the owner.

  • It originates from a definite geographical territory.
  • It is used to identify agricultural, natural or manufactured goods
  • The manufactured goods should be produced or processed or prepared in that territory.
  • It should have a special quality or reputation or other characteristics
  • Basmati Rice
  • Darjeeling Tea
  • Kanchipuram Silk Saree
  • Alphanso Mango
  • Nagpur Orange
  • Kolhapuri Chappal
  • Bikaneri Bhujia
  • Agra Petha
  • It confers legal protection to Geographical Indications in India
  • Prevents unauthorised use of a Registered Geographical Indication by others
  • It provides legal protection to Indian Geographical Indications which in turn boost exports.
  • It promotes economic prosperity of producers of goods produced in a geographical territory.
  • Any association of persons, producers, organisation or authority established by or under the law can apply
  • The applicant must represent the interest of the producer
  • The application should be in writing in the prescribed form
  • The application should be addressed to the Registrar of Geographical Indications alongwith prescribed fee.

Any association of persons, producers,organisation or authority established by or under the law can be a registered proprietor. Their name should be entered in the Register of Geographical Indication as registered proprietor for the Geographical Indication applied for.

  • A producer of goods can apply for registration as an authorised user
  • It must be in respect of a registered geographical indication
  • He should apply in writing in the prescribed form alongwith prescribed fee

The persons dealing with three categories of goods are covered under the term Producer:

  1. Agricultural Goods includes the production, processing, trading or dealing
  2. Natural Goods includes exploiting, trading or dealing
  3. Handicrafts or Industrial goods includes making, manufacturing, trading or dealing.

Registration is not compulsory. Registration affords better legal protection to facilitate an action for infringement. The registered proprietor and authorised users can initiate infringement actions. The authorised users can also exercise the exclusive right to use the geographical indication.

An authorised user has the exclusive rights to the use of geographical indication in relation to goods in respect of which it is registered.

The registration of a geographical indication is valid for a period of 10 years.

It can be renewed from time to time for further period of 10 years each.

If a registered geographical indication is not renewed it is liable to be removed from the register.