Hello Auditor

 Is it mandatory to publish a design after registration?

Legal Requirement of Publication

  • Yes, publication of a registered design is mandatory under the Designs Act, 2000.
  • Upon successful registration, the design is automatically published in the Designs Journal.
  • Publication is carried out by the Controller of Designs at the Design Office in Kolkata.
  • There is no need for a separate request or fee for publication after registration.
  • The publication ensures the design enters the public record.

Purpose of Publication

  • Publication informs the public about the existence of the registered design.
  • It allows third parties to examine the scope and legal status of the design.
  • It establishes the date from which the design is enforceable.
  • It helps prevent infringement by enabling transparency.
  • It facilitates legal action by proving public knowledge of the design.

Content of Publication

  • The Designs Journal includes the registration number and date.
  • It provides the name of the proprietor and class of the article.
  • It includes a brief description and representations of the design.
  • It shows the statement of novelty submitted by the applicant.
  • It may contain other administrative details related to the design.

Effect of Publication

  • The design becomes open to public inspection after publication.
  • Anyone can request a certified copy or view the design details.
  • Legal protection begins from the date of registration, but publication reinforces enforceability.
  • It restricts others from claiming ignorance in infringement cases.
  • It is a prerequisite for initiating cancellation or opposition proceedings.

Administrative Process

  • Publication is handled by the Design Office without applicant intervention.
  • The Controller includes the registered design in the next available Designs Journal issue.
  • The journal is published periodically on the official IP India website.
  • Delays in publication do not affect the validity of the registration.
  • No objection or modification can be made once the design is officially published.

0 Comments

Submit a Comment

Your email address will not be published. Required fields are marked *