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What is the law under which the Industrial Design protection is granted in India?
The Design Act, 2000 governs and deals with the mechanism of registration of Industrial Designs in India.
What is considered as the registrable subject-matter for Industrial Design protection?
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.
What are the types of Industrial Design applications in India?
The following are the types of Industrial Design applications in India: Non-Convention Application Convention Application
Is Utility Model Protection provided under Industrial Design Protection in India?
No, Utility Model Protection isn’t provided under Industrial Design Protection in India.
What are the documents and information required at the time of filing the registration application?
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.
What is the initial registration term?
Once the Industrial Design is registered, it is valid for a period of 15 years from the date of application.
What is considered as the effective date of registration for an Industrial Design?
The Priority Date is considered as the effective date of registration for an Industrial Design.
What is the time frame for examination from the date of application?
The time frame for examination is usually 2 months approximately from the date of application.
What is the Opposition Period?
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.
What is the renewal term?
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.
What are the documents required at the time of filing the renewal of an Industrial Design application?
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
What are the documents required at the time of filing the recordal application for an Industrial Design?
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
What is the time frame to complete Industrial Design registration?
In India, it takes around 6-9 months approximately to obtain Industrial Design registration.