Trademark, Patents, Copyrights and Designs etc

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INDUSTRIAL DESIGNS- REQUIREMENTS


Designs play a real life role in the modern world. Designs reflect a synchronization of aesthetics and utility. Intrinsically rooted in India’s rich cultural heritage are innumerable forms of traditional designs. Addressing the paradigm shift in the concept of industrial designs, India recently amended its Designs Act. Of course the compelling reason to do this was the obligations under the TRIPS.

The Designs Act, 2000 was brought into force on May 11, 2001. Its key features are:

  1. Amplification of scope of a design to include composition of lines or colors applied to any article whether in two or three dimensional form.
  2. Introduction of concept of “absolute novelty” in place of “local novelty” for assessing the registrability of a design.
  3. Claiming of priority from a design application filed in the UK or any of the other convention countries or group of countries or countries which are members of inter-governmental organizations. This provision operates prospectively.
  4. Adoption of International Classification of Industrial Designs based on the Locarno Classification.
  5. Publication of all registered designs along with the representation of the article.
  6. Inspection of a registered design and obtaining its certified copy.
  7. Restoration of a lapsed design within one year.
  8. Validation of a registered design for 10 years extendible by 5 years.

 

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