Section 2(d) of the Design Act defines Design as any feature which consist of shape, figure, a configuration which is applied to an article and is made by an industrial process be it mechanical, chemical, manual, separate or combined which appeal to in the finished article and is judged solely by the eyes and it does not include any mode of construction or anything unjust a mechanical device and anything which is a part of a trademark or artistic work.
The Indian Design law protects and promotes the design which is new and original. The design must not be disclosed to public before registration and should be contrary to morality, The registered design can be protected form being infringed by any other person. The registered design is protected for ten years which can be further renewed for a period of 5 years.
The firm provides services including Design search, filing, prosecution; enforcement and advisory services of all industrial, technical and medical instruments and products.
⦁ DESIGN SEARCH
Design search is the initial step of design registration. Design search is a search which helps to ascertain that the design you want to register is available or is it already been registered by any other person.
⦁ DESIGN FILLING PROCESS IN INDIA
The design registration application must be filed with the Registrar or online any person claiming to be the proprietor of any new and original design. The applicant must also enclose the drawings, photographs and graphics of the design. The process of registration of a design takes about 3-6 months.
⦁ DESIGN INFRINGEMENT AND LITIGATION
When any person without the consent of the owner of the design publishes, use or sell the registered design or any fraudulent or imitation thereof, then it is known as design infringement. A registered owner of a design can file a civil lawsuit for the infringement of his rights.