Design Registration

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What is Design Registration?

Design registration is a type of intellectual property protection, under which a newly created design applied to an article created under an industrial process can be protected from counterfeiting.

For a design to be registered, it must satisfy the following conditions: it must be new and original, the design should relate to features of shape, configuration, pattern or ornament applied to an article, the design must be applied to any article by an industrial process and the design must be visible and should appear on an article.

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An application for the registration of design should be submitted along with four specimen copies of the design. A statement of novelty should also be submitted, which refers to a statement of how the design is unique. The design so represented in the 'representation of the design' submitted should be precisely similar to the design or exact copies of the design.

  • A certified copy of the original or certified copies of extracts from disclaimers.
  • Affidavits.
  • Declarations.
  • Other public documents can be made available on payment of a fee.

The affidavits should be in paragraph form and should contain a declaration of truth and verifiability. The costs involved in the design registration process may be regulated by the Controller according to the Fourth Schedule.

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  • Is my design suitable for registration?
  • Registered designs protect the novel appearance of the article. They are directed at features of shape, configuration, pattern or ornamentation applied to the article. A design will not be registered if the features of shape or configuration are dictated purely by function. You also cannot protect literary or artistic works .
  • When should I apply for a design?
  • You should apply for a registered design as soon as possible after finalizing the design and certainly before you disclose the design to others. We recommend that you file drawings of your article that are as close as possible to the actual articles that you will be selling, i.e. not drawings of your initial prototypes
  • Can my registration be challenged?
  • Your design registration can be challenged. An interested party can challenge your registration by applying to the Intellectual Property Office of the Court for cancellation of the design. There are number of grounds available to challenge a design such as the design was not new or original at the date of filing.
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