Other IP - Design
Design is a type of intellectual property. A design is a new and original creation or features of new shape, configuration, surface pattern, ornamentations and composition of lines or colors applied to articles which in the finished state appeal to and is judged solely by the eye.
India is administered by the Designs Act , 2000, it is amended time to time.
Under section 2(a) of Design Act, definition of “Article” is provided. According to the definition, an article means any article of manufacture and any substance, artificial, or partly artificial and partly natural and includes any part of an article capable of being made and sold separately.
A design cannot be registered in India, if it
- is not novel or original;
- is not significantly distinguishable from known designs or combination of designs;
- has been disclosed to the public (publication or display) in India or abroad before the filing date or priority date of the application;
- comprises or contains scandalous or obscene matter
According to Design Act, an article must have its existence independent of the Designs applied to it. So, according to the Design act “the design“ should be integral with the article itself.
The advantages of registering your design are same as any other intellectual property. It provides exclusivity for applying the design to the article belonging to the class in which it is registered.
In fact an early application is suggested for designs too. Protection is granted on the first to file basis and not the first to design.
Design rights include exclusive rights to sell, make or import the articles and initiate a legal action against infringement.
A Design is protected for a period of 15 years under the Designs Act, 2000 (India). Initially, a design is registered for a period of 10 years, further extendable to 5 more years on payment of the fee.
No, a process of manufacture is not required for applying for design protection. Design is about aesthetics, look and feel, so an idea of a shape or pattern which can be applied to an article.
Since design is aesthetic, there is a correlation with copyright. If an artistic work is defined in Section 2(c) of the Copyright Act, 1957 it is not a subject matter for registration as design, which reads as follows:
Section 2 (C) of copyright act states “Artistic works” means: –
- A painting, a sculpture, a drawing (including a diagram, map, chart or plan) on engraving or a photograph, whether or not such work possesses artistic quality.
- An work of architecture and
- Any other work of artistic craftsmanship.
Other IP - Geographical Indication
Geographical Indication or popularly known as GI, is an indication of geographical original of goods. These goods can be agricultural, natural or manufactured goods originating from a definite geography.
GI is governed by Geographical Indications of Goods Act 1999
Some of the well-known GI in India includes – Darjeeling Tea, Chanderi Sarees, Mysore Silk, Nagpur Orange, Kashmir Pashmina, Bhagalpur Silk, Bagh Prints of Madhya Pradesh, Feni, Bikaneri Bhujia, and Basmati to name a few.
A GI registration is awarded to an association of persons or of producers or any organization or authority established under the law. Importantly, the applicant must represent the interest of the producers.
There are many reasons a GI should be considered by any association or organization. Some of them are legal protection to Geographical Indication helping fight counterfeit. An Indian GI can help in boosting exports and possible protection in other WTO member countries.
Once applied and granted, a GI is valid for a period of 10 years. This can be renewed for further 10 years. Thus until renewal is done a GI is inforce.
In terms of duration yes, GI and Trademark have similar concept. The major difference between Trademark and GI is the territorial identification. Furthermore the law governing Trademark is Trademark Act 1999 whereas GI is governed under Geographical Indications of Goods Act 1999. Lastly, GI is not subject matter of assignment, transmission, licensing, pledge, mortgage or such other agreement as against Trademark.
If a registered GI is not renewed, the GI is liable to be removed from the GI register.
Few simple pointers can help in identification whether a GI should and can be registered
The GI should be from a certain territory
The GI should be from the categories of Agricultural, Foodstuff, Natural goods or Manufactured goods
The GI should not be used to deceive or cause confusion or scandalous or obscene matter or hurt religious susceptibilities or be contrary to any law;
The GI should not be a generic name
Disclaimer : For more information please reach out to us. The FAQs are general guidelines for helping you make some IP protection decisions. The FAQ responses should not be construed as express advice on the matter. Do not assume select part as “expert advice on a specific matter”; please consult our experts separately for detailed view on specific case/situation or business scenario.
