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Design Registration

Details

The design should be new or original, not previously disclosed or published or used in any country before the date of application for registration;

The design must appear and should be visible on the finished article or should appeal to and is judged solely by the eyes.

The registration of new or original design provides the proprietor with copyright on the design i.e. as exclusive right in India to apply the design to any article in a class in which it is registered during next 5 years from the date of registration expendable to two further terms of 5 years each.

Designs are governed by the Designs Act, 2000 in India. According to the Act, a Design refers to the shape, configuration, pattern, ornamentation and composition of colors applied to any article in two or three dimensional (or both) forms. This may be applied by any industrial process or means (manual, mechanical or chemical) separately or by a combined process, which in the finished article appeals to and is judged solely by the eye. Design does not include any mode or principle of construction or anything which is mere mechanical device. It also does not include any trademark or any artistic work.
The term of registration of a Design in India is 1 year which is extendable for a further period of 5 years.

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