Civil Procedure Code (CPC)

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Riya   26 January 2021

Design application

Can an applicant apply for the same design after the previous one has been abandoned? What is the procedure to apply, would it require a professional?


 2 Replies

Neha Dhalaria   18 February 2021

Yes, the same applicant can apply again for the same design after abandone, provided no publication of the abandoned application is made by the Patent Office, and the applicant must not publish the said design in the meanwhile.

An application for registration of a project can be made by the applicant personally or by a professional  (a patent holder, legal practitioner). However, for applicants not residing in India an agent must be employed who resides in India. In other words, any application for registration of Designs can be filed by the applicant himself or by any professional.

Designs are covered under the Designs Act 2000, the objective of which is to protect new or orginal designs so created.

It is important to register the designs as after registration, there confers a copyright on the owner which gives his designs protection against getting copied and if gets copied, there is remedies for such infringement.

For registration of the design, an application for registration under section 5 of Designs Act, 2000 has to be made:

1) The Controller may, on the application of any person claiming to be the proprietor of any new or original design not previously published in any country and which is not contrary to public order or morality, register the design.

2) Such application shall be filed in the patent office along with the prescribed fee.

(3) In case of doubt as to the class of registration of a design, the Controller may decide the question.

(4) The Controller may, if he thinks fit, refuse to register any design presented to him for registration; but any person, person aggrieved by any such refusal may appeal to the High Court.

(5) An application which, owing to any default or neglect on the part of the applicant, has not been completed so as to enable registration shall be deemed to be abandoned.

(6) A design when registered shall be registered as of the date of the application for registration.

After application for registration, the registration of the designs takes place.

 

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