The Design Act 2003, provides for a simple and easy framework for the registration and protection of all the designs. The protection of designs is important for the commercialization of all the goods and services. A successful registration provides the owner with exclusive rights on the design that has been created by him.
TRIPS provide minimum rules and regulations for the protection of industrial designs. However, the functional aspects of the design do not have any rules and regulations for its protection under the Indian Designs Act, 2000. The total validity of design in the industrial field is 15 years as provided under the Indian Design Act, 2000. the initial period for registration of designs of 10 years can further be extended to 15 years by the payment of some amount of renewal fees by the owner of that design.
Also, this act grants the owner exclusive rights to sell, make or import the articles and also to take legal actions against the infringement by other persons. If, any foreign company for protecting its industrial design in India, must have to file an appropriate application within six months from the date of the first application filed in the home country.
Pros and cons of the Indian Design system
Pros: India consists of a separate established structure for the protection of industrial designs. The required criteria for the protection of the same has been prescribed under this act also concerning international standards. It consists of simple and less time consuming for filing of design applications for registration of the design .
Cons: Industries like jewellery and shoes changes their design according to consumer trends in society. The design protection has to face a regime in the terms of protection as 15 years is a short time. Companies and individuals prefer trademarks and copyrights protection to get long term protection.
Cancellation of Design in India
Any interested person can file for the cancellation of design in India. When the application for cancellation of design in India has been sent to the controller, he or she shall send that application to the registered proprietor of design as soon as possible. The application must be accompanied by the statement and pieces of evidence to support the application filed for the cancellation of registration of the design in India by the owner. After the filing of statements and pieces of evidence and registered proprietor is completed, the controller has to give a 10 days notice for hearing both of the parties.
The controller has the power to refuse to hear any of the parties if the parties don’t have the intention or have not paid the prescribed fee for the same. After hearing both of the parties, decides the petition for cancellation for registration of design and issues a speaking order. The official decision of the controller should be notified to both of the parties and has to be published in the official journal.
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