INTELLECTUAL PROPERTY
Intellectual property is a type of property that is formed by the use of intellectual faculties. It is the outcome of a person’s intellectual pursuits. Thus, Intellectual Property refers to mental creations such as innovations, industrial product designs, literary and creative works, and symbols that are eventually exploited in business. When their creations are commercially utilised, intellectual property rights allow the creators or owners to profit from them. These are statutory rights that are governed by relevant legislation. Human growth is fueled by intellectual property rights, which reward ingenuity and human effort.
Categorization of intellectual property –
Intellectual property is categorized in Seven category-
- Patent
- Industrial Design
- Trade Marks
- Copyright
- Geographical Indications
- Lay out designs of integrated circuits
- Protection of undisclosed information/Trade Secret according to TRIPs agreements.
What are the prerequisites for registering a “design” under the Designs Act of 2000?
- The design must be new or original, and it must have never been published or used in any country prior to the date of the registration application. The innovation may come from the application of a well-known shape or pattern to new material.
- The design should be based on the shape, configuration, pattern, or ornamentation that is applied to or applicable to the product.
- Any industrial process should be able to apply or apply the design to any article.
- The finished product’s design aspects should appeal to the eye and be rated exclusively on that basis. This means that the design must appear and be visible on the final product for which it was created.
- Any Trade Mark, property mark, or artistic work as defined by the Copyright Act of 1957 should not be included in the design.
How does a design registration prevent others from abusing it?
Once a design is registered, the registered proprietor has the legal right to sue those who infringe on the design right in a court not lower than the District Court to cease the exploitation and recover any damages to which the registered proprietor is legally entitled. It should be emphasised, however, that if the design is not registered under the Designs Act, 2000, there will be no legal right to pursue the infringer under the Designs Act’s provisions.
Is it possible to file a design registration application by the applicant alone or through a professional?
The applicant can file the application for design registration himself or through a professional (i.e. patent agent, legal practitioner). However, for applicants who are not Indian citizens, an Indian agent must be hired.
Is it possible to look at the registered designs?
Yes, registered designs are available for public examination only when they have been published in the official journal and a price has been paid.
Is it possible to cancel a Design Registration?
A design’s registration may be cancelled at any time after it is registered by filing a petition for cancellation in prescribed form with the Controller of Designs on the grounds that the design has been previously registered in India or that it has been published in India or elsewhere prior to the date of registration, or that the design is not new or original, or that the design is not registrable, or that the design is not a design under Clause (d) of Section 2.
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