We are the leading industrial Design Law Firm, specializes in Industrial Design Protection and Design Opposition Services. The stylish and aesthetic creation of a human mind is required to be protected through industrial designs. At times, it is also required to enforce your rights in order to restrain third parties to infringe on your intellectual property assets. Read further, to find out more about the scope for protection of industrial designs and their enforcement through the rights of ownership.
Scope for Industrial Design Protection
The physical appearance or the form of the article makes it appealing and aesthetic to eyes and exponentially increases its commercial worth. This, in turn, leads to taking measures in order to protect your creation from any third party or unauthorized use so that nobody else other than the owner of the creation benefits from the registered industrial design. Any design cannot be registered by the design office viz. if the design of the article is not unique and original or if it is disclosed or published publicly or it cannot be distinguished from another existing or a known design or if it is obscene in nature. The grounds stated herein can be utilized for revocation of an application of design as well for defence in a proceeding of infringement. The design act of India provides for civil remedies only. Apart from injunction the creator of the design can obtain monetary compensations too. An infringement suit of design can be instituted only after the design is registered. Manier times, the popular brands are identified from their unique designs, for instance, the shape of the automobile of Volkswagen, beetle and the unique design of mini cooper. When a design of the product is protected against infringers, it restricts other fake articles from destroying the product’s effectiveness and impact in the market.
Industrial Design Opposition Service
In accordance with section 19 of the Design Act of 2000, any person can apply for cancellation of the design at the national design office on the basis of grounds like:
- Such design is already registered in India
- Such design being already published in India or in another country before the date of its registration in India.
- Such design being old and conventional
- Such design cannot be registered under the Design Act of 2000
- Such design is not pertaining to an ornamental design as defined in Section 2(d) of the Design Act of 2000
Registration of Design under the Design Act 2000 | Procedure of Registration of Design
Designs Act of 2000 also mentions clauses in relation to piracy. According to section 22 of the Design Act, 2000, any kind of imitation of design which already exists in the database as registered without the authorization of the owner of such creation is unlawful in nature. Also, any kind of import of such material is restricted which is already registered at the design office. In case, if a civil matter is instituted against the illegal reproduction of the design in question, then the compensation for the infringement shall not exceed ₹50,000 The reason behind this is to ensure a fair return against the owner’s investment in the design. Also, for the applicability of this provision, it is important that piracy has been done for the purpose of trading and selling or business and not necessarily for some personal or private use. It is also important that the unlawful acts are performed with regard to any product in the class of goods wherein it is registered and not in relation to some other class or category of goods.
Design Patent | Opposition to Design Rights Services | EXCELON IP – Design Right Protection Company
In this epoch of creativity and innovation, it is very important for you to protect your hard work, intellect complemented with creativity. We are a team of experienced individuals at Excelon IP who can help you safeguard your design as well as can provide other design services.