Design means only the features of shape, configuration, pattern or ornament applied to an article by an industrial process. Shape and configuration refer to the form of the article and is usually three-dimensional in nature. Pattern and ornament are decorative features applied to the surface of articles and are usually two-dimensional in nature. The application of such a design makes the final products appeal to the observer’s eye. The design, in order to be registrable, must be judged solely by the viewer’s eye and should not be a mere mechanical device. A manufacturer may use a particular design with reference to a product in order to ensure that the same catches the consumer’s eye easily. It is this design, which is protected under the Design Act, 2000.Design which are functional, i.e. articles made in a particular design, not with a view to Design, which are functional, is not registrable. Further the design in order to be registrable should be new and original and not previously published in India.
We provide following services in design search, registration, infringement and litigation
Searches locally and internationally
Infringement and validity opinions
Litigation: cancellation proceedings, appeals, civil suits for infringement
Journal watch services
Post Registration Services
Renewals
Assignment and Licensing
Portfolio Management