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Can components of a product be registered individually?

Eligibility under the Designs Act

  • Yes, individual components of a product can be registered separately if they meet the legal requirements.
  • The component must have a distinct shape, configuration, pattern, or ornamentation.
  • It should be capable of independent existence and industrial application.
  • The component must not be purely functional or hidden during normal use.
  • Only the visual design of the component is eligible for protection.

Conditions for Registration

  • The component must be new and original at the time of application.
  • It should be clearly distinguishable from the rest of the product.
  • It must be represented as a separate article in the design application.
  • The component must appeal to the eye and serve an aesthetic function.
  • It should not be dictated solely by its technical or mechanical function.

Filing Requirements

  • A separate application must be filed for each registrable component.
  • Form-1 must describe the component as an independent article.
  • Multiple views must be submitted to show the design of the component clearly.
  • The correct class and subclass must be selected based on the component’s nature.
  • A statement of novelty must highlight the unique visual features of the component.

Examination and Registration

  • The Design Office examines the component like any other design application.
  • It assesses whether the component qualifies for aesthetic protection.
  • Functional or non-visible parts are likely to be rejected.
  • If found registrable, the component is granted a separate certificate and registration number.
  • It is then published in the Designs Journal as an individual article.

Legal Protection and Use

  • Registered components enjoy the same legal rights as complete products.
  • The proprietor can prevent others from copying or imitating the registered component.
  • The component can be licensed or assigned independently.
  • Enforcement is limited to the visual features disclosed in the registration.
  • Combined protection of components and the complete product strengthens IP rights.

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