Legislation
The Indian law of designs is enshrined in the Designs Act, 2000. The Act seeks to provide for the registration of designs in India. The rights granted under the Act are operative in the whole of india.
What is a Design
A DESIGN is defined as the features of shape, configuration, pattern, ornament or composition of lines or colours applied to any article by any industrial process or means, whether manual, mechanical or chemical, separate or combined, which in the finished article appeal to and are judged solely by the eye, but does not include any mode or principle of construction or anything which is in substance a mere mechanical device and does not include any trademark or
...your idea. A self mailed certified letter alone is not sufficient protection for your idea, but combine that with the other four methods mentioned in this book and your idea will be more secure. CopyrightWhat is a Copyright:According to the ...
Design Act protects only designs that is aesthetic in nature. They may be decorative elements added to the article or they may be part of very shape or configuration. Novelty and originality are important criteria in a design for registration. In addition, only those designs that are applied to an article by an industrial process will be protected.
Classification*
Almost all jurisdictions including India follow Locarno Classification for registration of design comprising 32 classes, numbered 1 to 31 and an additional class 99 to include articles not falling under the aforesaid 31 classes. Most of the classes are further divided into sub classes. Design applications must be filed in a particular class depending upon
...months before you get notified via postcard from the USPTO verified that the application has been received. You will not hear another word from them for about six months or longer. Then you will receive word that the application has ...
Rights conferred by registration
The registration of a design confers the proprietor copyright in the design for the period of registration. Copyright means the exclusive right to apply the design in respect of the article for which it is registered.
Who Can Apply For A Design
An inventor or any other person/company assigned by the inventor can apply and obtain the registration for the design.
Filing and Prosecuting Design Applications
An application for design on Form-1 accompanied by four copies of representation of the design and prescribed fee of Rs. 1000/- is filed at one of the four office of the Patent Office located at,
...government sectors? Get the best invention help but be proactive and diligent with background checks. This way, the invention help scam industry won't claim you as a statistic. ********************************************* Copyright 2005 Emmet Press All Rights Reserved Emmet Press is a ...
Duration of registration
The term of a design registration is initially for a period of ten years. The renewal is possible for further period of 5 years.
Remedies For Infringement
It is the sole responsibility of the proprietor to see that his design is not being infringed upon by others. It is the
...popular resource for scholarly publications is the Social Science Research Network at www.ssrn.com. This international collaborative is home to scholarly research covering more than 400 subject areas. It contains abstracts of more than 150,000 working papers and the full text ...
Injunctons whether interim or final.
Damages.
Use of Design In Foreign Countries
Design rights are granted on a country-by-country basis. An Indian registration provides protection only in India and its territories. If the proprietor of a design wishes to protect a design in other countries, the owner must seek protection in each country separately under the relevant laws.
International design protection
There is no system as yet wherein a single design application is sufficient to protect the design right internationally. However, Paris convention * provides certain privileges to member countries in design registration. A party
...patent positions could lead to a balkanization of research, in which entities from individual states (such as California, New Jersey, Maryland, Illinois, Connecticut) are fighting one another, rather than collaborating. Lawrence B. Ebert is a registered patent attorney located in ...
* Paris Convention is the most basic and important multilateral convention relating to intellectual property, including trademarks, of which India is a member. It defined the meaning and scope of industrial property rights protection and established basic principles and rules.
* Classification for the Purposes of the Registration of Designs
According to the Locarno Classification system
...concerned in this regard to seek such advice from a qualified attorney. Another way to assist in the protection of your intellectual property is to enact some form of employee agreement, whereby the employee agrees not to misappropriate your products ...
List of classes :
CLASS 1
Foodstuffs.
CLASS 2 Articles of clothing and haberdashery.
CLASS 3
Travel goods, cases, parasols and personal belongings, not elsewhere specified.
CLASS 4
Brushware.
CLASS 5
Textile piecegoods, artificial and natural sheet material.
CLASS 6
Furnishing.
CLASS 7
Household goods, not elsewhere specified.
CLASS 8
Tools and hardware.
CLASS 9
Packages and containers for the transport or handling of goods.
CLASS 10
Clocks and watches and other measuring instruments, checking and signalling instruments.
CLASS 11
Articles of adornment.
CLASS 12
Means of transport or hoisting.
CLASS
...and intentionally withheld an important document. The competitor would argue that the patent was procured fraudulently, and therefore, the patent should be thrown out. The proposed rules are complex and have heightened the duty of patent applicants for disclosing prior ...
Equipment for production, distribution or transformation of electricity.
CLASS 14
Recording, communication or information retrieval equipment.
CLASS 15
Machines, not elsewhere specified.
CLASS 16
Photographic, cinematographic and optical apparatus.
CLASS 17
Musical instruments.
CLASS 18
Printing and office machinery.
CLASS 19
Stationary and office equipment, artists and teaching materials.
CLASS 20
Sales and advertising equipment, signs.
CLASS 21
Games, toys, tents and sports goods.
CLASS 22
Arms, pyrotechnic articles, articles for hunting, fishing and pest killing.
CLASS 23
Fluid distribution equipment, sanitary, heating, ventilation and air-conditioning equipment, solid fuel.
CLASS 24
Medical and laboratory equipment.
CLASS 25
Building units and construction elements.
CLASS 26
Lighting apparatus.
CLASS 27
Tobacco and smokers supplies.
CLASS 28
Pharmaceutical and cosmetic
...only Guru who is disturbed by the patenting of Yoga. This is disturbing to every Yoga practitioner. So, what can the rest of us do about it? We can take action by writing, Emailing, and faxing our law makers. Stop ...
CLASS 29
Devices and equipment against fire hazards, for accident prevention and for rescue.
CLASS 30
Articles for the care and handling of animals.
CLASS 31
Machines and appliances for preparing food or drink, not elsewhere specified.
CLASS 99
Miscellaneous.
——————————————————————————–
P.M.George Kutty, Attorney at Law of [http://www.pmgip.com]http://www.pmgip.com.
0 responses so far ↓
There are no comments yet...Kick things off by filling out the form below.
Leave a Comment