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 Indias 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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