IPR Services – Design
A design refers to the features of shape, configuration, pattern, ornamentation or composition of lines or colors applied to any article, in two or three dimensional (or both) forms. This may be applied by any industrial process or means (manual, mechanical or chemical) separately or by a combined process, which in the finished article appeals by the eye. Design does not include any mode or principle of construction or anything which is mere mechanical device. It also does not include any trade mark or any artistic work.
Rights conferred upon registration of designs
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 to a better protection of his intellectual property. He can sue for infringement, if his right is infringed by any person. He can license or sell his design as legal property for a consideration or royalty.
Copyright in Design
Every design involves copyright in it and the copyright involved in a design is not covered under the Copyright Act which has been registered under the Design Act. The Design Act also extends protection to the copyright involved in the design and any unlawful use of the registered design results in infringement of the copyright in registered design.
L&M Service Offering
We have experts from different field of industry and services in order to properly guide and tender advise with respect of products/goods or parts thereof wherein design subsists. With the assistant and proper specific advise of our experts we are in a position to protect each and every rights from different point of view involve in the designs of a finished products/goods or a set of products and/or parts thereof.
Designs Filing, Prosecution and Protection
- Filing design application in the Territorial Design Office as per priority claim and prosecution and follow up thereof until grant
- Maintaining designs for its full term and renewal thereof
- Filing petition for cancellation of designs unlawfully and/or illegally registered
- Filing action for infringement