The term Industrial designs, is known as the Design, the surface pattern, or the shape or pattern associated with the product or an article which is unique in nature. The main motive of the Design registration is to give protection to the product which are creatively designed and is also governed by the design Registration Act, 2000.
The Designs Acts 2000, has defined the term design under section 2(d), as only the features of shape, configuration, pattern, ornament or component of lines or colours applied to any articles whether in two dimensional or three dimensional or in both forms, by any Industrial process or means, whether manual mechanical or chemical. Separate or combined in the finished article for which can be judged by an eye, but does not include any mode of principal or construction or anything which is in substance ain a mere mechanical device.
Section 4 of the designs Act, 2000 provides that the Design of any article or product should be appealing to eye and should not be in public domain prior to its registration, otherwise it cannot be subject to registration. The Design of a any article or product should be new and should not b in prior use as it would destroy the design’s novelty. And Design should be in a tangible form.
The registration Designs in india confers on the Applicant the exclusive right against the unauthorized copying or limitation of his Designs by third parties. Registration of a Design provides for a distinctive identification among the consumers and helps the applicant in boosting their sales and and goodwill in the market. A Design Registration f=gives the applicant an exclusive right to take action among the infringer, and stop piracy of the design. Corree houses are increasingly becoming aware of the hidden value of Intellectual property. They have realized that registration of their product design will not only give them an edge over their competitors but that registration of a Design is relatively inexpensive and easy procedure.
Registration of a design offers to secure a filing date as the priority date, for any corresponding design applications, one may have in other countries within the following six months. This helps in establishing the Design Overseas. A Design registration increases the market awareness of a product and in turn enhances the reputation of the company in the market. This helps in improving in the competitiveness of the product as it dries third parties from imitating or copying a registered design.
Registration of design is becoming increasingly popular, as the indian courts are adjudicating in relation to Design protection and registration efficiently and in a time bound manner. It has been realized that clever application of design rights can extend a product’s value considerably in the market. With Design registration new avenues have opened up in a commercial market and investors are ready to invest in new innovation and technologies. The Design Act, 2000 have played a pivotal role in promoting technological innovation and Design registration has made the consumer aware of the various innovations in the market.