What is Design Registration?

Design registration refers to the legal process of protecting the visual appearance of a product, such as its shape, pattern, or ornamentation. Under the Designs Act, 2001, a design is protected if it is original and distinctive. The design must appeal to the eye and cannot be based on mechanical principles. By registering your design, you gain exclusive rights to use, license, and transfer the design for commercial purposes.

Why Register Your Design with BizMantra?

Registering your design offers exclusive rights to the design owner and ensures legal protection against infringement. Here's why design registration is crucial for your business:

 

Exclusive Ownership: Legal rights to your innovative design.

 

Asset Creation: Your registered design becomes your intellectual property.

 

Legal Protection: Ability to initiate legal proceedings in case of infringement.

 

Evidentiary Value: Acts as evidence in legal disputes.

 

Commercial Benefits: Rights to sell, license, or transfer your design.

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Essentials for Design Registration
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To qualify for design registration, certain conditions must be met under the Designs Act, 2001:

 

The design must be original and new.

 

It should not be published or used in any country before the application date.

 

The design must be distinctive, not a combination of known designs.

 

The design must not be scandalous, obscene, or contrary to public order.

 

The design must appeal to the eye and not be purely mechanical.

Eligibility Criteria for Design Registration

The following entities are eligible to apply for design registration in India:

 

Individuals or their legal representatives.

 

Companies, firms, or partnerships.

 

NRIs (via agents or representatives).