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The Design Act, 2000 governs and deals with the mechanism of registration of Industrial Designs in India.

The registrable subject-matter for Industrial Design protections are as follows:

1. An arrangement of colors or lines which gives a distinctive appearance to an industrial or handicraft object.

2. Any three-dimensional configuration of an industrial or handicraft article which may be used as a model for the manufacture of replicas and which is distinguishable by reason of its configuration.

The following are the types of Industrial Design applications in India: Non-Convention Application Convention Application

No, Utility Model Protection isn’t provided under Industrial Design Protection in India.

The following documents and information are required to file the Industrial Design application in India:

1. Power of Attorney.

2. The applicant’s name and address Priority Document with required translation.

3. Representation of the design Incorporation Certificate, with required translation.

4. Home/Foreign Registration Certificate, with required translation.

Once the Industrial Design is registered, it is valid for a period of 15 years from the date of application.

The Priority Date is considered as the effective date of registration for an Industrial Design.

The time frame for examination is usually 2 months approximately from the date of application.

The time period to file a notice of opposition is 6 months from the date of publication of the Industrial Design in the official gazette.

Industrial Design Protection is available for 15 years from the date of application, with first renewal due in the 5th year and subsequent renewal in every 10th year.

The documents required at the time of filing the renewal of an Industrial Design application are as follows: Power of Attorney Copy of Registration Certificate

The documents required are as follows:

1. CHANGE OF NAME/ADDRESS/LEGAL FORM Certified copy of extract from the Registrar of Companies with required translation Power of Attorney

2. ASSIGNMENT: Deed of Assignment Power of Attorney

3. MERGER: Deed of Merger Power of Attorney

4. LICENSE: License Agreement Power of Attorney

In India, it takes around 6-9 months approximately to obtain Industrial Design registration.

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