INTRODUCTION
In our daily lives, we observe so many Articles and we attract them by looking at the designs. These designs grab our attention. The designs may be art, drawings, graffiti etc. It may be drawn by professionals who are experts in interior designs or any architectural works or for personal use. It is individual talent. To safeguard these designs or individual talents designs Act was enforced.
DEFINITION OF DESIGN
Under the Designs Act,2000, section 2 (d) states that Design means any shape which is featured, any pattern, any colour which is specific than other or any lines that makes article looks specific. It may be two dimensional or three dimensional or it can be in both forms. This may be appealed by any procedures of industry which is chemical, physical or combined process or may be separate. The article which is finished is judged solely by the eye.[1]
The design does not include any brand which is considered as trade mark, property mark [2]or any artistic work.[3]
Design means a suggestion to any article which shape or arrangement should be made. The article can made through physical or chemical.
The design law main intention is to protect original designs from being copied which causes loss to the proprietor. There are rules for these designs which are known as Design Rules.[4]
Industrial Design has a lot of value as it draws consumer attention which helps in increasing the commercial value of design. In Industrial companies, many companies exploit designs to reduce competition and for profits. Registration of designs is compulsory in order to protect them.
FEATURES OF DESIGN
The ornamental or aesthetic aspect of an article was protected only through registration. These designs may be two-dimensional such as lines, colours and patterns or three-dimensional such as shape or surface. It is primarily for aesthetic features.[5]
For example: different industries apply these different designs such as handcrafts, medical equipment, jewels, and electrical and architectural appliances.
DESIGN REGISTRATION
Design registration gives exclusive rights to the proprietor upon his design. He has better protection invention. He can sue if violation occurs. It acts as evidence based upon first impression. He has the right to sell his design for consideration.[6]
- After registration, certificate of registration will be provided by controller to the proprietor.[7]
- Validity of registration is up to ten years. It may extend up to 5 years, if it is renewed.[8]
WHO MAY APPLY FOR DESIGN REGISTRATION?
Any individual who is the owner of new design which not disclosed anywhere in our country or any other country may apply for registration of the design.[9]
Under section 2(f), A proprietor may be any person who is
- The inventor of the design or a person who executed the design.
- Any person who acquires the design for a valid consideration.
- The original proprietor to whom the design was devolved.
WHAT DESIGN ARE NOT REGISTRABLE UNDER SECTION 4 AND SECTION 5
- A design which is not original and disclosed to the public somewhere in the world before the applied date.[10]
- A design which contains rude or indecent matter or which effect the public morality.
- A design which is not properly distinguished by other designs or a combination of designs.
WHICH ARE NOT INCLUDED UNDER DESIGN?
Designs which are literacy or artistic are not safeguarded under the Designs Act, 2000, These will include:
- Signs, Emblems or designs of flags, labels, tokens, cards, jackets, calendars, certificates, medals, stamps, maps, Buildings and structures, Layout design of integrated circuits, non-separable parts etc.
CANCELLATION OF REGISTRATION
The design registration may rescind at any time after registration by filing a petition.
- If the design is registered somewhere in India or disclosed anywhere.
- If the design is not original or it does not come under section 2 of clause (d).[11]
PIRACY
During the existence of copyright on any design, others are prohibited from using it without permission of the proprietor.
In what cases is it considered as infringement:
- To apply the design fraudulently on any article for sale.
- To import for sale any article the design is an obvious imitation of it.
- To publish or sell the same article by knowing it is imitation and fraudulent.[12]
COPYRIGHT ACT AND COPYRIGHT UNDER THE DESIGNS ACT
Under Indian design Act, 2000, a copyright of industrial design is protected. Whatever design, it is not eligible for protection under copyright if it is registered under Designs Act. copyright will exist under the Copy Right Act if the design is not registered under designs Act. It exists as per 15(2) of the copy right Act, 1957.[13]
Original Artistic works can be protected under section 13 of the Copy Rights Act, of 1957. Here Artistic work means any painting or sculpture or drawing or any work which is related to architecture or any work which related to artisan.
A design is likely to be used for mechanical production, A person is not allowed to claim any protection of copyright under the Copyright Act. Only the Artistic work can be protected under the Copyrights Act. It is protected till the death of author and another 60 years.[14]
Functional Designs are not registrable under the Designs Act. If a designer makes an article in a certain shape not to make the public eye of the customer but only to make the article work or to perform functional work no registrable design exists.
CONCLUSION
In our daily lives we attract and purchase so many articles not only for their work but also for their looks which attracts us. For the human beings the good appearance from their shapes same as for articles it’s their design. At present, these designs are protected by Designs Act,2000. To safeguard individual talents these Designs Act has been implemented. These Act implemented in order to safeguard designs from being copied. Only Designs are protected under this Act but not artistic works. These Artistic works are protected under copyrights Act. Designs are protected under this Copy Rights Act only if they are not registrable under Designs Act and if the owner is produced more than 50 times. Under Designs Act, 2000 through registration designs are protected. After registration controller will certify the registration to the owner. It is valid up to ten years after that it may extend 5 years through renewable.
Author(s) Name: Kotireddy Rani (Sri Padmavati Mahila Visvavidyalayam)
Reference(s):
[1] The Designs Act 2000, s2(d)
[2] Indian Penal Code, s 479
[3] Copyrights Act 1957, s 2 (c)
[4] P. Narayan: Law of Copyright and Industrial Rights, Eastern Law House, (3 edn)391
[5] Ibid
[6] The Designs Act 2000, s 10(4)
[7] P. Narayan: Law of Copyright and Industrial Rights, Eastern Law House, (3 edn)391
[8] The Designs Act 2000, s11(2)
[9] The Designs Act,2000,s 2 (f)
[10] The Designs Act,2000, s 4
[11] The Designs Act 2000, s 19
[12] The designs Act 2000, s 22
[13] P. Narayan: Law of Copyright and Industrial Rights, Eastern Law House, (3 edn)391
[14] P. Narayan: Law of Copyright and Industrial Rights, Eastern Law House, (3 edn)391
