Design Registration

A Design refers to the features of shape, configuration. pattern, ornamentation or composition of lines or colors applied to any article, whether 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 judged solely by the eye.

Advantage of Design Registration

Ø  The registration of a design confers upon the registered proprietor the exclusive right to apply a design to the article in the class in which the design has been registered.

Ø  A registered proprietor of the design is allowed to a better protection of his intellectual property.

Ø  He can sue for infringement, and if his right is infringed by any person.

Ø  He can license or sell his design as property for a consideration or royalty.

Ø  Registration initially Valid for ten years from the date of application. It is renewable for a further period of five years.

Essential of Design registration

Ø  It Should be new or original

Ø  Design Not be disclosed to the public anywhere by publication in tangible from or by use or in any other way prior to the filling date, OF where applicable, the priority date of the application for registration.

Ø  Be significantly distinguishable from known designs or combination of known designs.

Ø  Not comprise or contain scandalous or obscene matter.

Ø  Not be a mere mechanical contrivance.

Ø  Be applied to an article and should appeal to the eye.

Ø  Not be contrary to public order or morality

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