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Design means, Only the features of shape, configuration, pattern and ornament applied to any article by any industrial process or means, whether manual, chemical, mechanical or combined, which in the finished article appeal to and are judged solely by the eye.
What is a Design Protection?
Designs are concerned with the appearance of a product – features of e.g. shape, configuration, texture or materials not dictated by functional considerations.
When a design is registered, the registered proprietor of the design shall, subject to the provisions of this Act, have copyright in the design during five years from the date of registration.
What can be Registered?
Essentially any features, which relate purely to the appearance of the article and is not dictated by the way the article is required to function, fit into or match other components of a larger article.
Design Registration Necessities
The design must be new. Details of it must not have been publicly disclosed prior to filing the application unless a grace period is permitted.
The design must have individual character i.e. an informed observer would readily form the overall impression that it can be distinguished from earlier designs.
Duration of Design
Duration of Design
After a design is registered the proprietor of the design is supplied with a certificate of copyright. The copyright is for the period of five years from the date of registration (which is the date of application) which may be further extended for second and third period of five years on payment of prescribed fee on each occasion. Such application should be made before the expire of the original or extended term, i.e. before the copyright in a design ceases.
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