INTRODUCTION TO DESIGN ACT
During the Hague convention, the registration of the design was done in countries and intergovernmental organizations that are parties to the act. To meet for to lie in the Design Act, the act should be original and novel, there should be no prior publication of the design, it should be visible on the finished article, and the registered design must apply to a functional article.
Laws in India
Section 2(d) of the Design act, 2000 tells us about the shape of the configuration, pattern, ornament, or composition of lines or to the colors applied to any article and it can be two dimensional as well as three dimensional or in both forms. It can be done by the industrial process or means and it can be mechanical or chemical, separate or combine.
It is a physical feature that is to be applied to an article so that it can be more attractive for the consumers. To increase the brand value of the company and competitiveness in the market a product is been designed to be an asset. Due to infringers in the market, there can be a threat to a Design of the product and this is done by copying the design and violating the rights of its creator.
To avail the benefits of the design it should be registered properly. Through that, the rights are also protected and infringement is been also cured.
Section 4 of the Act specifically defines the designs which are not registrable under the Act:
-If the product is not new or original.
-If the product is already been in the public domain or it has been disclosed anywhere in India or is been done by the other country for publication.
-If the combinations of the known designs are already registered and or if it’s been applied for the registration where it is not distinguishable.
-If the design is obscene or scandalous matters.
Section 22 of the Act, provides for the remedies in case of any act without the consent of the owner of the design which includes:
– Fraudulent imitation of design except with the license or with the written consent of the owner of the design.
-The purpose of sale or any article belonging to any class in which design has been registered or has been applied to the design or there should be an import design for the same purpose.
-Where it can be published or caused to be published or can be exposed for the sale.
For the protection of industrial design, helps, improves, and develops through the promotion of innovative ideas in the industrial sector. The remedies could be available at large for the proprietor of the design as it can be a simple step. The act not only ensures the protection of the design act but also protects from getting infringe by anyone. Design should be very unique and it should be not be copied or taken from the old publications. Thus, Design has been got a very high reputation in India.