The Design Act, 2000 | Legal Reasoning for CLAT PDF Download

Introduction

• Design of an article is an intellectual property of a person who creates it. 
• Design means features of shape, colour, pattern, configuration, composition of lines applied to any article. 
• Buyer is always influenced by the design, because it is judged solely by the eyes.
• An eye catching design may enhance the sale of the article. 
• Person who create it has exclusive right over his design which is his intellectual property. 
• For protection from unauthorized use. 
• A design of article has a commercial value in the world of business or trade.

• The act was enacted by the Indian Parliament. 
• It extends to the whole of India. 
• Article means any article of manufacture and any substance.

Controller of designs

➢ Controller

• The controller-general of patents, Designs and Trade marks appointed under the trade and merchandise marks act, 1958, is the controller of designs for the purpose of the designs act, 2000. (sec.3)

➢ Power and duties controller (sec.32 to 35)

• Powers in proceedings under the designs act, 2000, (32)
• Evidence before the controller (37)
• Certificate of controller to be evidence (38)
• Discretionary powers (33)
• Power to take directions of the Central Govt. (34)
• Refusal to register design in certain cases (35)
• Correction of clerical error (29) 
• Appeal to High court against the order of the controller (36) 
• Privilege of reports of the controller (27)

Registration of design and Register of design

➢ Prohibition of registration of certain designs (sec.4)

• Design is not registered if it is not new or original has been disclosed to public in India or in any country, or is not distinguishable from known designs or, comprises of scandalous or obscene matter.

➢ Procedure for registration of design 

• Application (sec.5)
• Substitution of application (sec.8) 
• Registration for one class of articles (sec.5)
• Publication of registered design (sec.7) 
• Certificate (sec.9)

Register 

• Sec. 10 of design act, 2000 provides for the register of designs, it is a book kept in the patent office, in which the name, address of proprietors, assignment and transmission are entered. 
• It is a prima facie evidence of any matter authorised to be entered in it.
• Copyright in registered design (sec.11) : Copyright means exclusive right to apply a design in any class in which design is registered. 
• Duration : 10 year from the date of registration. This period may be extended further for a second period of five years from the expiration of original period of ten years. Extension is granted when application is made to controller.
• Rights of proprietor of lapsed design which have been restored (sec. 14)
• Requirements before delivery on sale of articles to which registered design has been applied (sec.15) 
• Inspection of registered design (sec.17) 
• Information as to existence of copyright (sec.18)
• Cancellation of registration (sec.19) : Designs may be cancelled if the registered design;
  (i) Has been previously registered in India,
  (ii) Has been published in India or in any other country prior to the date of registration, or
  (iii) Is not new or original design, or
  (iv) Is not a design as defined under the designs act, 2000
  (v) Is not registrable under the designs act
• Piracy of registered designs (sec.22)
  (i) “Piracy” of design means unauthorised application of designs to the article with respect to which the design is registered during the existence of their copyright.
  (ii) Sec. 22 no one can fraudulently imitate or apply the registered design to an article with respect to which it is registered without the licence or written consent of the registered proprietor of that design for the purpose of; 

Sale, import for the purpose of sale, expose or case to be published for the purpose of sale of that article.

Reliefs

In case of piracy the registered proprietor may under sec. 22 claim the reliefs....
(i) Recovery of sum not exceeding rs/-25 thousand
(ii) Filing of suit in any court not below the court of District Judge for the recovery of damages and injunction