How to Protect your Industrial Design Rights of a Commercial Working Space?
Innovative designs and Elegant interiors have always been a matter of concern for all business owners. The journey of commercial space design is considered to be one full of improvements and development. From end-to-end cubical systems to open space offices with cabins for the designated people, commercial space designs have undergone remarkable changes and will continue to develop.
Just like how modular kitchens have replaced the traditional closed-door kitchens, cubical systems have been replaced by open space offices and to be more innovative co-working spaces have been developed. Owing to continuously changing systems, innovative and interactive workspaces have been welcomed in the commercial industry. To keep pace with the globalisation and changing tastes of people, commercial spaces have entered the stage of reformation.
Reasons for changes in Industrial Design Layout:
A new wave of thinking
Creative sense of the designer
A young and energetic approach to designs
Future of IPR in Industrial Design Sector
Current industrial design trends are capable of establishing a good balance in the designing industry by equally catering to the work-life, personality, and behavior of:
Who prefer the chic look in their workplaces on the one hand, and
Those who don’t care much about their office appearance and design, on the other hand.
The new flexible industrial design style enables workplaces to fit the changing dynamics of the working environment that is highly dominated by technology in the present times.
It provides an opportunity to allocate office space that goes beyond the traditional allocation of the workplace. Several reports have shown that a person’s performance and productivity are highly dependent on not just group collaboration but also the office space.
Current industrial design trends in India appear to be one of the best means that take care of both these aspects in a balanced way. In other words, the trendy industrial design develops a correct business sense.
How to register your design?
The most important element of design is that the Design of your product must be original. It should also be aesthetic, appealing to the eyes, and capable of being applied in the product.
One thing to note here is that – design rights are given for the look, feel, and visual appearance of the product. The eye is the ultimate judge to conclude the novelty of a design
The procedure for a design application is like the procedure of registration of trademarks or copyrights. A quick overview of the process is given below:
Filing of the Application - Form 1 application with specified class along with the documents and prescribed fees must be submitted to the design office.
There are two types of applications:
Ordinary application- where no priority claim can be made
Reciprocity application- this application allows the application to claim priority filed previously in a convention country. In order to claim priority, the applicant must file the application within 6 months and no grace period shall be allowed for the same. The priority documents have to be duly certified by the official Chief or head of the organisation.
Mode of registration:
Manual filing: The applicant can either go for manual filing at any of the patent offices located in Delhi, Mumbai, Chennai, and Kolkata.
E-filing: The registry now provides an option of e-filing directly through the website.
Initial processing of the application: On receipt of an application, the Office accords a date and serial number to the application. This serial number, upon registration, becomes the registration number of the design.
Examination of the application: after the allotment of the serial number, the application is sent for formality check to the Controller of Patents and Designs. The following items are checked in this stage:
a. the application is in prescribed format?
b. the prescribed fee has been paid?
c. the name, address, and nationality of the applicant is mentioned?
d. address for service is given in the application form?
e. declaration of proprietorship is given in the application form?
f. representation sheet is in a manner as prescribed in Rule 14?
g. power of authority, if applicable, is filed?
h. in case of reciprocity application:
I. the application was filed within the prescribed time?
II. the priority document was filed at the time of filing? If not, whether the priority document was filed within the extendable period of three months along with the prescribed form and fees?
III. the application was filed by the same applicant? If not, whether the assignment document has been filed?
If no defects are found in the application, the application is sent for substantive examination.
In case any defects are found in the examination, a detailed report of the defects is sent to the applicant. The applicant has to comply with the defects within 3 months from the date of objection failing to which, the application shall stand abandoned.
Substantive examination: after the formality check, the next step is substantive examination, where the Controller shall check whether the design under consideration is:
a.” design” under the Act?
b. new or original?
c. prejudicial to public order or morality?
d. prejudicial to the security of India?
Publication and advertisement in the Journal: If the controller is of the opinion that the concerned design is similar to any other design registered or does not fall under the category of registrable design, the communication shall be sent to the application to reply to the examination report. Upon full affirmation that the design is registrable as per the statutory regulations and without any defects, the application will be accepted and advertised in the patent journal for public objection.
Objection: If no objections are received, the design is accepted and registered. The entry of the same shall be done in the register and a registration certificate will be given to the applicant.
If any objections are raised, then the procedure of objection shall be followed.
Term of registration: a design is valid for 10 years from the date of registration and can be renewed for a further period of five years.
Hence, it is expected that in the coming decade, India will witness the growing popularity of the present and upcoming industrial design trends, especially in the Indian commercial office spaces.
Not just the designers, but the professionals dealing in matters, like Industrial Design Registration Procedure, Product Design Registration, etc., need to be meticulous and up-to-date. Understanding the importance of industrial designs and changes in their trends is crucial for all!
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