In this article, the author has explained the nuances of filing application to extend Copyright; under Section 11 of the Design Act, 2000.
The Designs Act, 2000, is a comprehensive law that provides statutory protection to the visual design of an object or commodity that may or may not be purely utilitarian. Copyright law, however, only safeguards intellectual property; that is fixed in a tangible shape like a book, painting, or movie.
Thus, both designs and copyrights pertain to the aesthetic characteristics of an object and accordingly overlap under the Design Act. Also, to prevent the infringement of a design, the Act, includes conditions concerning the renewal of a design in India.
The owner of a registered design is provided all the necessary alternatives. These alternatives protect the rights related to their Design by providing provisions related to the renewal of a design.
A design, if applied according to Chapter II of the Act, under section 11; lends an advantage to the registered proprietor. It not just safeguard their creation under the Act itself but similarly obtain copyright protection for a duration of 10yrs; from the day the creation was registered under the Act.
If before the end of 10yrs, the application to extend the duration of the copyright is filed to the controller; the latter shall, on payment of the mandatory fee; broaden the duration of copyright for an additional period of five years from the cessation of the initial 10yrs.
When the Copyright of a registered Design does not have a consequence due to the non-payment of fees for the Renewal of Copyright, within the mandatory duration; the registered proprietor can pursue the restoration of lapsed design.
The owner of a registered design can document an application for the restoration of lapsed design; under Section 12 of the Design Act.
The application for restoration of lapsed design must be initiated within 12 months; from the date on which the registration of the Design ends.
The copyright in a registered design may be broadened by a length of 5yrs; from the cessation of the initial period of 10yrs.
An application for this extension is be filed before the expiry of the initial 10yrs. Additionally, the Designs Wing in India, finalizes the extension proceedings of the copyright in designs; within a week from the date of receiving the request through Form 3.
The information of extension of copyright in a registered design is included in the Register of Designs. It is also disclosed in the Journal of Patent Office.
The process for renewal or extension of Design in India begins; when the applicant is mandated to file for an application of Renewal or extension with the Design Wing. The application is filed in Form 3 as specified under Rule 23 of the Design Rules, 2001.
Upon obtaining the application, the Design Wing inspects the date on which the application is documented. It will also examine whether the applicant has arranged the application within the given time.
The Design Wing, when it is pleased that the application is cataloged within the prescribed duration; will authorize the application for Renewal or extension. The Wing will finalize the proceedings for Renewal or extension within a week from the date of receiving the same.
To proceed with an application to renew or restore the registration of a Design under Form 3; the applicant or its representative must pay the prescribed fee depending on their nature. Wherein the applicant is a natural person the fee payable is INR 2000. However, where the applicant is other than a natural person the fee payable for a small entity is INR 4000; and for others except small entity is INR 8000.
The renewal of a design in India ensures the complete rights of the registered owner of a Design. The owner is lent the opportunity to protect the rights related to their design and safeguard the design from violation. The renewal of design procedures must be determined according to the Design Act, 2000 read with the Design Rules, 2001. The procedure for the renewal of design in India is prolonged and long-lasting.
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Advocate Rahul Dev is a Patent Attorney & International Business Lawyer practicing Technology, Intellectual Property & Corporate Laws. He is reachable at rd (at) patentbusinesslawyer (dot) com & @rdpatentlawyer on Twitter.
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