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Design Act, 2000

October 16, 2023by canonsphere0
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This blog is written by Nidhi, a Law Student of Kurukshetra University, Kurukshetra.

INTRODUCTION:

 The Design act was legislated to cover and guard the original artificial designs which are applied to particular papers manufactured by artificial process or means. Currently each mechanical or business company has its own unmistakable, unique and apparent Designs. The contenders or different adversaries’ gatherings may make endeavours to misuse the plans for their implicit benefit, in this way, there’s an imperative need to defend these structures. Section 2( d) of the Designs Act, 2000 characterizes the term design. So under this demonstration, an Artificial Designs Right is being conceded to its maker or the owner, and this is an Intellectual Property Right that secures the visual plan, that’s the style, appearance, design and so on, of the ultramodern item. A successful arrangement of security likewise benefits the shoppers and people in general far and wide by advancing reasonable contests and genuine exchange rehearsals.

 LEGISLATIVE HISTORY

 In 1872, during social rule in India, the Patents and Designs Act, 1872 was legislated as the first legislation to govern designs. Also, in order to protect the inventions and designs, the Inventions and Designs Act, 1888 was legislated further. It was followed by the enactment of the Indian Patents and Designs Act, 1911 which was inspired by the British Patents and Designs Act, 1907. The enactment of the new Patent Act, 1970 led to the cancellation of the patent vittles from the Patents and Designs Act, 1911. The Designs Act, 1911 was repealed and later. Eventually, the Designs Act, 2000 came into force in India from 11th May 2001. The new Act contains the utmost of the vittles as were contained in the Designs Act, 1911, except for some minor changes in addition to some vittles relating to the Passages Agreement and other transnational conventions. It’s necessary to note that the substantial law of Designs Act, 2000 has to be read along with the vittles of its inferior legislation i.e., the Designs Rules, 2001, which is a procedural overview.

 OBJECTIVE:

 Its major thing is to help innovative or original designs from being copied and causing fiscal detriment to the proprietor. According to the vittles of the Designs Act, 2000 any person who claims to be the owner or proprietor of any novel or original design which isn’t preliminarily published in any country and which isn’t contrary to public order or morality can file an operation for enrollment of similar design.

PROVISIONS OF THE ACT:

Definition

Section 2( d) states that “ Design ” means features of shape, pattern, configuration, garnishment or composition of colours or lines which is applied in three dimensional or two dimensional or in both the forms using any of the process whether primer, chemical, mechanical, separate or combined which in the finished composition appeal to or judged wholly by the eye.

  • Section 3

This act states that the Controller General of Patents, Design and Trademark appointed under the Trade and Merchandise Marks Act, 1958 shall be the regulator of Design for this act.

  • Section 4 of the act states that any design which is either not new or original or is bared to the public anywhere in India shall not be registered,
  •  Section 5

countries that any person can file an operation claiming to be the sole owner of any new or original design also the Controller will then allude the operation for assessment to the inspector to know whether a similar plan is equipped for being enrolled under the Act. The regulator will admit the operation and continue to give investiture to the structure if everything is great or if there emerges no complaint.

  • Section 5( 2)

describes the operation stuffing system, operation for the registration of designs will be made in the specified form and will be proved in the patent office alongside the recommended charge. The operation should express the class where the design is to be enlisted and the composition or the papers to which the design is to be applied. Separate operations are needed to be solicited for each class of composition.

  •   Section 6

addresses about enrollment respect of particular composition it states

( 1) A design may be registered in respect of any or all of the papers compromised and specified class of papers.

( 2) that any question arising as to the class within which any composition falls shall be determined by the Controller.

  • Section 7

 addresses about the publication of particulars of registered Designs it states that The regulator after enrollment shall publish the particular design and introduce it in the public sphere.

  •  Section 8

describes the power of the Controller to make orders regarding negotiation of operations etc.

  •   Section 9

countries that the Controller shall grant an instrument of enrollment to the owner of the design when registered, it also says that in case the original dupe of the instrument is lost the Controller can furnish one further dupe.

 effects that can not be enrolled as a design under the Act

 • Signs, seals or banners of any nation.

 • Size of any composition, whenever changed.

 • Structures and structures.

 • Incorporated circuits’ format designs.

 • Trade Variation.

 • Any guideline or system of development of any composition, for illustration, marks, commemoratives, sprat’s shows, cards, and so forth.

• Books, schedules, instruments, fleeces, structures and different libraries, drinking cards, charts and plan cards, cards, pamphlets, prints, orders, dressmaking designs.

 • A mechanical gimmick.

 • Factory variations of parts of a progeny- together.

 • Portions of any composition which is not produced and vended singly.

 Goods of exposure on Brand

 Section 16 of this Act states that if a owner discloses his design to any other person in good faith but later on that person takes advantage of the owner’s design for placing orders accepting orders with the same design or expose it any other way, also it will not be considered as the publication of design.

 Cancellation of the registered Design

 Section 19 describes cancellation of enrollment it states that any person can cancel the enrollment of their design by just presenting a solicitation to the Controller on one of the following grounds-

 a) That the design has formerly been registered in India

 b) That it has been published in India or any other country before the date of enrollment

 c) That the design isn’t registrable under this Act

 d) That the design isn’t an original or new original design

 e) It isn’t a design as defined under clause( d) of section 2

 Section 19( 2):

 states that An appeal can be made from any order of Controller under this section to the High Court, and the Controller may at any time relate any similar solicitation to the High Court.

 Industrial and International Exhibition

 Section 21: of Design Act states the provision of exhibition

 The exhibition of a design, or of any composition to which a design is applied, at an artificial or other exhibition to which the vittles of this section have been extended by the Central Government by announcement in the Official Gazette,

 or the publication of a description of the design, during or after the period of the holding of the exhibition,

 or the exhibition of the design or the composition or the publication of a description of the design by any person differently where during or after the period of the holding of the exhibition, without the privity or concurrence of the owner, shall not help the design from being registered or abate the enrollment thereof

 So to mileage the benefits of this provision the owner has to give the Controller a notice in the specified form and train an operation for enrollment of the design within 6 months from the date of the first exhibition.

 Section 22 states that-

 I) During the actuality of brand in any design, it shall not be legal for any person

( a) for trade to apply or beget to be applied to any composition in any class of papers in which the design is registered, the design or any fraudulent or egregious reproduction thereof, except with the license or written concurrence of the registered owner, or to do anything to enable the design to be so applied; or

( b) to import for trade, without the concurrence of the registered owner, any composition belonging to the class in which the design has been registered, and having applied to it the design or any fraudulent or egregious reproduction thereof, or

( c) knowing that the design or any fraudulent or egregious reproduction thereof has been applied to any composition in any class of papers in which the design is registered without the concurrence of the registered owner, to publish or expose or beget to be published or exposed for trade in that composition.

 So, under the forenamed situations, a owner can file a suit of instruction and damage recovery suit against the person, and this will be entertained in court for the period between the registering date and expiry date of the brand.

 Section 21( 2): describes the remedies if the forenamed situation takes place

  •  a person liable for pirating will have to pay a sum of 25,000 as a contract debt, still total sum recoverable shall not exceed fifty thousand rupees.
  •  The owner can file a suit of the instruction and if he wins he can claim the damages awarded by the court.
  • Lapping between imprints and trademark

 LIMITATION AND CRITICISM

 • The bulk of designs for enrollment at fluently rejected only if there’s a small procedural issue while only a many are due to substantial criteria.

 • The protection which the Design Act provides is for a stingy period of 15 times so the companies would rather choose to get a trademark or brand depending on their composition which protects for a longer duration.

 • If one doesn’t especially apply for design rights in the other countries they’re only limited to the UK, unlike brands.

 • If a person makes a certain design only with a slight correction to the original bone

He can also get protection.

 CONCLUSION

 The Designs Act has been made with quite a careful consideration of the possible forms of violation that case takes place, as well as a defined procedure of the enrollment , it also makes sure that the Controller does n’t misuse his powers by furnishing clear and specific vittles of the extent of his powers. This act therefore can help secure the designs of a product and all the goodwill and fresh benefits it comes along with.

                                                                                                                                                                                                                                                                                                                                                                                                          

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