DESIGN
A Design is defined as the characteristics of the pattern, composition, configuration, or ornament of the lines or colours applied to any object by any industrial process or means, whether manual, mechanical or chemical, separate or combined, appealing to and evaluated solely by the eye in the finished article, but it does not include any trademark of artistic work.
Under the Designs Act, 2000, the Indian design law is enshrined. The Act aims to provide for designs in India to be registered. In the whole of India, the rights given under this Act are operational. It mostly focuses on the appearance, functionality, and manufacturability of a product and ultimately adds lasting value to such a product.
The Design Act, 2000 only cover projects that are essentially aesthetic. They may be applied to the article as decorative elements or they may be part of its very shape or configuration. In a template for registration, uniqueness and originality are the most significant criteria. Furthermore, only those designs that are implemented by an industrial method to an article will be covered.
INDUSTRIAL DESIGN
In a legal context, the ornamental element of an object constitutes an industrial design. An industrial design can consist of three-dimensional characteristics, such as an article’s form, or two-dimensional characteristics, such as patterns, lines, or colour. Agnihotri & Jha Associates® retains a tremendous significance in the arena of industrial design.
LOCARNO CLASSIFICATION
As per the Locarno Agreement, designs are registered in various classes. It is used to identify products for industrial design registration, which further helps in the search for designs. These groups are mainly function-oriented.
RIGHTS CONFERRED THROUGH REGISTRATION
The registration of a design confers copyright on the design by the proprietor for the duration of registration. In respect of the article for which it is licensed, copyright means the exclusive right to apply the design. Agnihotri & Jha Associates® is competent in the registration of the design. We serve the client with a full platter of services in the legal filed of Industrial Design Services.
PROTECTION
In principle, the proprietor of a registered industrial design or a design patent is entitled to prohibit third parties from making, selling, or importing, for commercial purposes, articles bearing or embodying a design that is a copy or substantially a copy of the protected design.
In general, the copyright on a licensed design is valid for 15 years. The Copyright in Design is initially registered for 10 years, which can be further extended by 5 years after the renewal application is submitted. These registrations will be easily accessible by the services provided by Agnihotri & Jha Associates® and at very affordable prices which will make your company grow at a faster pace.
PRODUCTS BENEFITING FROM INDUSTRIAL DESIGN PROTECTION
The packaging containers and household goods, from lighting equipment to jewellery and from mobile devices to textiles, modern designs are applied to a wide range of industrial and craft items are being enormously profited by Industrial Design protection. If you are a client who is looking for graphic symbols, graphical user interfaces (GUI), and logos, industrial designs you are at the perfect place. Agnihotri & Jha Associates® will serve you with the best services at affordable prices and their depth experience in this field will make your company rise in the market in the most efficient way possible.
BENEFITS OF REGISTRATION
Registration of a design confers an exclusive right on the registered owner to apply a design to an article in the class in which the design was registered. A licensed design owner is entitled to the protection of his intellectual property rights. If his right is infringed by any person, he may take a step against infringement. He may license or sell his design for consideration or royalty as legal property. He may license or sell his design for consideration or royalty as legal property. For a further term of five years, it is renewable.
ADJ Legal provides various services such as filing applications for design registration, validity and infringement opinion, litigation, renewal, post-registration services, and portfolio management to the clients in the most profitable and cost-friendly way feasible.
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