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Casual Articles - Industrial Design Registration System in India
The threat of data loss exists with almost every click of your mouse. Life in the online world can be dangerous. Smart businesses will do whatever is required to minimize that risk.Have you ever lost all of the data on a floppy disk and had to redo an entire afternoon’s work? Perhaps you have rendered a music or game CD unusable because of a tiny scratch? Maybe you have experienced a full fledged hard drive meltdown that resulted in gigabytes of lost data and months, even YEARS of lost effort.The “worst case scenario” happened to me a few years ago. I received a call from a friend informing me that my home had been broken into and the burglars had not only stolen the electronics in the living room but had also taken the house’s PCs. I learned the hard way that data backup is something that every computer user who has important data on their
Duration of registration
The term of a design registration is initially for a period of ten years. The renewal is possible for further period of 5 years.
Remedies For Infringement
It is the sole responsibility of the proprietor to see that his design is not being infringed upon by others. It is the proprietor's duty to file a suit of infringement against the infringer. The reliefs which may be usually awarded in such a suit are –
Injunctons whether interim or final. Damages. Use of Design In Foreign Countries
Design rights are granted on a country-by-country basis. An Indian registration provides prote
Making money doesn’t make your reputation... your reputation makes you money. Gala GormanWhether your business is product or service-oriented, the loyalty and dedication of your customers is greatly dependent on your reputation. Your most effective sales force is your existing customer base. Word-of-mouth or the personal recommendation, serves to create an expectation that you must only live up to - rather than one that you must create from scratch. The assets of your business have traditionally included property, plant, equipment, and your customer base. Progressive organizations understand that the concept of business assets should be expanded to include their good reputation. By being responsive to change, having the ability to conduct a constructive dialogue with stakeholders, and taking advantage of networked resources, the organization further ext
The Indian law of designs is enshrined in the Designs Act, 2000. The Act seeks to provide for the registration of designs in India. The rights granted under the Act are operative in the whole of india.
What is a Design
A DESIGN is defined as the features of shape, configuration, pattern, ornament or composition of lines or colours applied to any article by any industrial process or means, whether manual, mechanical or chemical, separate or combined, which in the finished article appeal to and are judged solely by the eye, but does not include any mode or principle of construction or anything which is in substance a mere mechanical device and does not include any trademark or property mark or artistic work .
Design Act protects only designs that is aesthetic in nature. They may be decorative elements added to the article or they may be part of very shape or configuration. Novelty and originality are important criteria in a design for registration. In addition, only those designs that are applied to an article by an industrial process will be protected.
Classification*
Almost all jurisdictions including India follow Locarno Classification for registration of design comprising 32 classes, numbered 1 to 31 and an additional class 99 to include articles not falling under the aforesaid 31 classes. Most of the classes are further divided into sub classes. Design applications must be filed in a particular class depending upon the predominant material with which the article is made or is capable of being made.
Rights conferred by registration
The registration of a design confers the proprietor copyright in the design for the period of registration. Copyright means the exclusive right to apply the design in respect of the article for which it is registered.
Who Can Apply For A Design
An inventor or any other person/company assigned by the inventor can apply and obtain the registration for the design.
Filing and Prosecuting Design Applications
An application for design on Form-1 accompanied by four copies of representation of the design and prescribed fee of Rs. 1000/- is filed at one of the four office of the Patent Office located at, Kolkata, Mumbai, Delhi and Chennai. The Designs Office initially provides a filing number and filing date and issues a filing receipt, which is sent to the applicant or his attorney. Thereafter the application is formally examined by the Designs Office. Defects will be communicated to the applicant. Once the application is found to be in order it is accepted and the Designs Office issues the registration certificate.
Duration of registration
The term of a design registration is initially for a period of ten years. The renewal is possible for further period of 5 years.
Remedies For Infringement
It is the sole responsibility of the proprietor to see that his design is not being infringed upon by others. It is the proprietor's duty to file a suit of infringement against the infringer. The reliefs which may be usually awarded in such a suit are –
Injunctons whether interim or final. Damages. Use of Design In Foreign Countries
Design rights are granted on a country-by-country basis. An Indian registration provides protec
You may want to know what pre-approved loans exactly are and how do they work. Within this article you’ll find the answers to those questions and all you need to know about pre-approved loans.There are many issues that arise when analyzing pre-approved loans. The first one is the nature of these loans, whether they are secured o unsecured and to what type do they belong. The second one is what does the concept of “pre-approved” imply and what benefits you can obtain from such form of financing. Pre-Approved Loans Explained Pre approved loans are special unsecured loans which are granted by certain financial institutions that have already analyzed the borrower’s credit and financial standing in order to guarantee that if their client decides to apply for the loan, the loan will be granted right away with no delays whatsoever.T
Design Act protects only designs that is aesthetic in nature. They may be decorative elements added to the article or they may be part of very shape or configuration. Novelty and originality are important criteria in a design for registration. In addition, only those designs that are applied to an article by an industrial process will be protected.
Classification*
Almost all jurisdictions including India follow Locarno Classification for registration of design comprising 32 classes, numbered 1 to 31 and an additional class 99 to include articles not falling under the aforesaid 31 classes. Most of the classes are further divided into sub classes. Design applications must be filed in a particular class depending upon the predominant material with which the article is made or is capable of being made.
Rights conferred by registration
The registration of a design confers the proprietor copyright in the design for the period of registration. Copyright means the exclusive right to apply the design in respect of the article for which it is registered.
Who Can Apply For A Design
An inventor or any other person/company assigned by the inventor can apply and obtain the registration for the design.
Filing and Prosecuting Design Applications
An application for design on Form-1 accompanied by four copies of representation of the design and prescribed fee of Rs. 1000/- is filed at one of the four office of the Patent Office located at, Kolkata, Mumbai, Delhi and Chennai. The Designs Office initially provides a filing number and filing date and issues a filing receipt, which is sent to the applicant or his attorney. Thereafter the application is formally examined by the Designs Office. Defects will be communicated to the applicant. Once the application is found to be in order it is accepted and the Designs Office issues the registration certificate.
Duration of registration
The term of a design registration is initially for a period of ten years. The renewal is possible for further period of 5 years.
Remedies For Infringement
It is the sole responsibility of the proprietor to see that his design is not being infringed upon by others. It is the proprietor's duty to file a suit of infringement against the infringer. The reliefs which may be usually awarded in such a suit are –
Injunctons whether interim or final. Damages. Use of Design In Foreign Countries
Design rights are granted on a country-by-country basis. An Indian registration provides prote
Starting an online business requires capital. No matter which online business you do, there will certainly be some start-up costs and recurrent overheads incurred which you need to pay. For online business, it will usually take a while before you can see any profits. As such, without making any profits yet, you will need to use your savings to pay for any costs incurred during the initial period. Hence, it is advisable to keep your initial expenses as low as possible so that your resources will not run dry. The good news is that, there are some ways and resources that you can use to reduce your expenses.Since the business is online and you need access to the internet, the two basic necessities that you need to have are a computer and an internet service provider (ISP). The cost for the computer is a fixed and one-time cost. Whereas the fees to your
Rights conferred by registration
The registration of a design confers the proprietor copyright in the design for the period of registration. Copyright means the exclusive right to apply the design in respect of the article for which it is registered.
Who Can Apply For A Design
An inventor or any other person/company assigned by the inventor can apply and obtain the registration for the design.
Filing and Prosecuting Design Applications
An application for design on Form-1 accompanied by four copies of representation of the design and prescribed fee of Rs. 1000/- is filed at one of the four office of the Patent Office located at, Kolkata, Mumbai, Delhi and Chennai. The Designs Office initially provides a filing number and filing date and issues a filing receipt, which is sent to the applicant or his attorney. Thereafter the application is formally examined by the Designs Office. Defects will be communicated to the applicant. Once the application is found to be in order it is accepted and the Designs Office issues the registration certificate.
Duration of registration
The term of a design registration is initially for a period of ten years. The renewal is possible for further period of 5 years.
Remedies For Infringement
It is the sole responsibility of the proprietor to see that his design is not being infringed upon by others. It is the proprietor's duty to file a suit of infringement against the infringer. The reliefs which may be usually awarded in such a suit are –
Injunctons whether interim or final. Damages. Use of Design In Foreign Countries
Design rights are granted on a country-by-country basis. An Indian registration provides prote
Blogs have become a very important way to communicate and interact with a large amount of people that have a common interest. A blog is a website, like a personal diary where you can post pretty much whatever you like, anything from a political soapbox to your own personal thoughts. There are millions of blogs, and the best part is they are free!I had no idea what a blog was when I started or how to make money online with one. I searched around a bit for some information to get me started. I found an ebook by Rob Benwell that I liked called Blogging to the Bank. I chose it mainly because it is priced very reasonably (only have a small budget - roughly halve $ price to get pounds) and it is a step by step blueprint of how he makes money online with blogs. Seeing as I knew nothing about blogs this seemed like a good place to start!I have to say it
Filing and Prosecuting Design Applications
An application for design on Form-1 accompanied by four copies of representation of the design and prescribed fee of Rs. 1000/- is filed at one of the four office of the Patent Office located at, Kolkata, Mumbai, Delhi and Chennai. The Designs Office initially provides a filing number and filing date and issues a filing receipt, which is sent to the applicant or his attorney. Thereafter the application is formally examined by the Designs Office. Defects will be communicated to the applicant. Once the application is found to be in order it is accepted and the Designs Office issues the registration certificate.
Duration of registration
The term of a design registration is initially for a period of ten years. The renewal is possible for further period of 5 years.
Remedies For Infringement
It is the sole responsibility of the proprietor to see that his design is not being infringed upon by others. It is the proprietor's duty to file a suit of infringement against the infringer. The reliefs which may be usually awarded in such a suit are –
Injunctons whether interim or final. Damages. Use of Design In Foreign Countries
Design rights are granted on a country-by-country basis. An Indian registration provides prote
Quick, look out the window. It’s raining. No, the sun’s out. No, it’s cloudy. Wait a second, it is changing again, but I can’t tell what it is going to do.Kinds like the stock market. Up one day, down the next, then goes sideways. That stock I bought is not acting right. Maybe I should sell it, but I’ll wait another day. My broker (the weatherman) says it will go back up.At the beginning of every year we hear stock market forecast (whether we want to or not) and every one of the “experts” is about as accurate as our TV weatherman. Be sure to take your umbrella. Every year the Wall Street Journal surveys more than 50 economists and every year about 1/3rd of them are right. A weatherman can do better than that. The analysis of these birds seems impeccable and when you hear them speak so confidently you are sure they are right. He must be right – he
Duration of registration
The term of a design registration is initially for a period of ten years. The renewal is possible for further period of 5 years.
Remedies For Infringement
It is the sole responsibility of the proprietor to see that his design is not being infringed upon by others. It is the proprietor's duty to file a suit of infringement against the infringer. The reliefs which may be usually awarded in such a suit are –
Injunctons whether interim or final. Damages. Use of Design In Foreign Countries
Design rights are granted on a country-by-country basis. An Indian registration provides protection only in India and its territories. If the proprietor of a design wishes to protect a design in other countries, the owner must seek protection in each country separately under the relevant laws.
International design protection
There is no system as yet wherein a single design application is sufficient to protect the design right internationally. However, Paris convention * provides certain privileges to member countries in design registration. A party who files design application in a member state of the Convention, such as India, can within six months of that filing date file applications in other member countries claiming the priority of the first application. If such a design is accepted for registration it will be deemed to have registered from the same date on which the application is made in the home country.
* Paris Convention is the most basic and important multilateral convention relating to intellectual property, including trademarks, of which India is a member. It defined the meaning and scope of industrial property rights protection and established basic principles and rules.
* Classification for the Purposes of the Registration of Designs
According to the Locarno Classification system the Designs Register is divided into 32 classes. The application for design has to be filed in a particular class to obtain protection in that class. List of classes :
CLASS 1
Foodstuffs.
CLASS 2 Articles of clothing and haberdashery. CLASS 3
Travel goods, cases, parasols and personal belongings, not elsewhere specified.
CLASS 4
Brushware.
CLASS 5
Textile piecegoods, artificial and natural sheet material.
CLASS 6
Furnishing.
CLASS 7
Household goods, not elsewhere specified.
CLASS 8
Tools and hardware.
CLASS 9
Packages and containers for the transport or handling of goods.
CLASS 10
Clocks and watches and other measuring instruments, checking and signalling instruments.
CLASS 11
Articles of adornment.
CLASS 12
Means of transport or hoisting.
CLASS 13
Equipment for production, distribution or transformation of electricity.
CLASS 14
Recording, communication or information retrieval equipment.
CLASS 15
Machines, not elsewhere specified.
CLASS 16
Photographic, cinematographic and optical apparatus.
CLASS 17
Musical instruments.
CLASS 18
Printing and office machinery.
CLASS 19
Stationary and office equipment, artists’ and teaching materials.
CLASS 20
Sales
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