Intellectual Property Rights
Design Registration
The term “design” contains only the characteristics of shape, configuration, pattern, ornament, or composition of lines, tones, and colors applied to any article, whether two-dimensional or three-dimensional, whether it is made by hand or mechanically, isolated or combined so that they appeal to and are judged by the eye alone, without any reference to any method, principle, or mode of construction.
Registration of a design in India grants the owner exclusive control over his or her product for a limited period. This includes the right to prevent others from making or using their design or copyright protection.
Intellectual property protection should be based on originality and novelty, which allows a newly created design to be applied to an article made using an industrial process but protected against piracy. Once a design is registered, the owner has exclusive use rights for ten years, which can be extended for another five years.
The Design Act, 2000 allows for the registration of a shape, configuration, pattern, ornament, or combination of lines, colors, or combinations thereof applied to any article.
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