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Design is the conception of a plot or resolution for the construction of an object, system or measurable human interface as in architectural blueprints, engineering depictions, corporate procedures, circuit diagrams, and sewing or embroidery patterns. Design has different connotations in different fields. In few scenario, the direct construction of an object as in pottery, ceramics, engineering, management, coding, and graphic design is also deliberated to use design thinking.
The registration of an industrial design helps the owner of the Industrial design to safeguard the aesthetic and artistic value of the article or product or the process and secure the exclusive rights of the owner of the design against the illegal use or imitation by third party without the owners’ consent. The protection of the aesthetic element helps the economic development by promoting creativity in the industrial zone and ensure the benefit of to those who invested some, skills and resources towards the creation of the design.
The Creation of a novel, innovative and original outer appearance (shape, configuration, alignment and pattern or ornamentation) of an article can be protected through a registered design that recognizes and protects the exclusive rights of the registered proprietor in the design. He can then apply the design to the article in the class in which the design has been registered. This form of IP protection, albeit narrow in scope, is rendered very attractive, because it is swift, procedurally simple and cheap to obtain.
The purpose of the design registration is to see that the artisan/ craft persons/creator/originator of the design having aesthetic or artistic look are not deprived of his bonafide reward of applying it to his goods. Once the design is registered it gives the legal right to take action against the infringer and stop piracy of the design.
A Design should not have been copied, it should be original. For registration process, it should have been disclosed to the public in any form of publication in tangible form or by usage or in any other manner prior to the filing of the application. It should be be significantly distinguishable and different from a known design or a combination of known designs. The Registration of Design is normally valid for 10 years from the date of filing of the application.