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What protection does design registration offer?

Exclusive Rights

  • Design registration grants the owner exclusive rights to apply the design to the registered article.
  • The owner can legally stop others from copying or imitating the design.
  • Only the registered proprietor has the right to manufacture, sell, or distribute the design-applied product.
  • The protection is applicable within the territory of India.
  • It allows commercial exploitation of the design without unauthorized competition.

Legal Enforcement

  • The registered proprietor can initiate legal action against infringers.
  • Remedies include injunctions to stop further use and claims for damages or compensation.
  • The owner can sue for recovery of profits earned by the infringer.
  • Seizure and destruction of infringing goods may also be ordered by the court.
  • Enforcement is possible only if the design is valid and in force.

Duration of Protection

  • The initial term of protection is ten years from the date of registration.
  • It is extendable by an additional five years through timely renewal.
  • The total period of protection is fifteen years.
  • During this time, the design remains a legally protected intellectual property asset.
  • After expiration, the design enters the public domain and loses exclusive rights.

Commercial Benefits

  • The registration enhances the market value of products through distinctive design.
  • It increases customer appeal and brand differentiation.
  • The owner can license or assign the design for revenue generation.
  • Registered designs can be used as collateral in business transactions.
  • It provides a competitive edge by protecting innovative visual elements.

Recognition and Public Record

  • The registered design is published in the Designs Journal for public notice.
  • It is recorded in the Register of Designs maintained by the Controller of Designs.
  • The registration creates a legal presumption of ownership.
  • It serves as documented proof in enforcement, assignment, or valuation matters.

Public registration deters infringement by making rights visible to competitors.

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