Lexorbis

Lexorbis

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Designs
Meaning and Content
Designs play a real life role in the modern world. Designs reflect a synchronization of aesthetics and utility. Intrinsically rooted in India’s rich cultural heritage are innumerable forms of traditional designs. The famous hand-block prints known as "baandhnis" of Rajasthan top the list among the well known traditional designs of India. The other side of the spectrum is the designing activity in the realm of industrial production. Addressing the paradigm shift in the concept of industrial designs, India recently amended its Designs Act. Of course the compelling reason to do this was the obligations under the TRIPS.
New or Original Designs
A design to be registrable must be new or original. Original means originating from the author of the design. New applications of old designs are registrable. Designs which are not new or original or disclosed to the public anywhere in India or in any other country or not significantly distinguishable from known designs or combinations of known designs or comprising scandalous or obscene matter are not registrable. This Indian legal position is more on the lines excluding non-registrable designs by identifying the categories of designs not registrable rather than positively reciting what are registrable designs.
Design Registration System
Most countries provide for national design laws providing for a system to administer the registered designs. The process typically involves filing applications for registration of designs in the prescribed format, remedying the objections, if any, by the Design Examiner and getting the design granted. India has adopted a new classification that conforms to the Locarno Classification of industrial designs.
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