A Design refers to the features of shape, configuration, pattern, ornament or composition of lines or colours applied to any article, whether in two or three dimensional (or both) forms. This may be applied by any industrial process, which appears on the finished products and judged solely by the eye. Design suitable for the registration, it should be unique and new article which makes it stylish, appealing and attractive, making it stand out and facilitating its potential in any industry as well as increasing the commercial value of that product, which has been created through an industrial process.
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. A registered proprietor of the design is entitled for protection of their intellectual property. They can take step against infringement, if the right is infringed by any person. They can license or sell their design as legal property for a consideration or royalty.
Design should not been disclosed to the public anywhere by publication in tangible from or by use or in any other way prior to the filling date, or where applicable, the priority date of the application for registration.
Designs that are primarily literary or artistic character are not protected under the Designs Act. These will include :
- books, calendars, certificates, forms-and other documents, dressmaking patterns, greeting cards, leaflets, maps and plan cards, postcards, stamps, medals.
- labels, tokens, cards, cartoons.
- any principle or mode of construction of an article.
- mere mechanical contrivance.
- buildings and structures
- parts of articles not manufactured and sold separately.
- variations commonly used in the trade.
- mere workshop alterations of components of an assembly.
- mere change in size of article.
- flags, emblems or signs of any country.
- layout designs of integrated circuits.
Registered design may be extended by a period of five years, from the expiration of original period of ten years.