Search Application before Design Registration

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This article explains the process involved in the application to request for “Search”; before the Registration of Design under Section 18 and Rule 28 of the Design Act, 2000 and the Design Rules, 2001, respectively.

Introduction

Under Copyright law, a copyright is completed as soon as a work is formulated; and no process is mandated for obtaining a Copyright in India. Nonetheless, no copyright subsists in any design which has been recorded under the Designs Act.

Therefore, when a design is applied for; one of the mandatory steps taken in the process of registration, is the examination of registered designs. Herein; the Controller must examine the existing Register of Design or Copyrights to confirm that the design is not previously registered.

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SEARCH BEFORE DESIGN REGISTRATION

Information as to Existence of Copyright

Any individual can request information concerning the registration for a design. This request is filed through Form 6 and 7; depending on whether the applicant is supplied with the registration number of the design for which information is sought.

Wherein the applicant has the registration number of the design; they can file such request through Form 6 and the Form must mention this registration number.

If any prior design registration does exist, according to the data given by the applicant, the Controller shall provide; the classes under which the registration stands, the date of registration, and the name and address of the registered owner.

Wherein the applicant is incapable of providing the registration number of the design being applied for; the petition for search is filed through Form 7.

The purpose of this Form is identical to Form 6. However, since the registration number for the design is absent; the applicant must provide such information that helps the Controller to distinguish the design.

As far as feasible, these searches are executed based on the data supplied; in the provided class of articles under the Design Act. Data obtained, based on the information obtained from the applicant, are delivered to the applicant.

The applications made under Form 6 and 7 are executed; and disposed of by the Controller within a week from the date of receiving such application. The provisions that govern these forms are:

Section 18 of the Design Act, 2000

On the request of any individual providing such data as may facilitate the Controller to identify the design; and on payment of the required fee, the Controller shall notify such individual.

The Controller shall notify as in if the registration still stands in respect of the design, and, if so; in regard of what classes of articles apply to the design, and shall mention the date of registration; and the name and address of the registered owner.

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Fee

Under Form 6 wherein the request for information is sought when the registration number is given; the claimant must pay the prescribed fee depending on their nature.

If the claimant is a natural person, the fee payable is INR 500; where the applicant is other than a natural person the fee payable for a small entity is INR 1000; and for others except a small entity is INR 2000.

Under Form 7 wherein the request for information is sought when the registration number is not given; if the claimant is a natural person, the fee payable is INR 1000.

Wherein the applicant is other than a natural person the fee payable for a small entity is INR 2000; and for others except a small entity is INR 4000.

Conclusion

The purpose of Form 6 and 7 is to ensure that a design applied for is not previously registered. This helps prevent lengthy registration processes for applicants that are not aware that their designs are already recorded under the Design Act. The Controller is obliged to fulfil the request made through these forms without withholding any information.

Our team of advanced patent attorneys assists clients with patent searches, drafting patent applications, and patent (intellectual property) agreements, including licensing and non-disclosure agreements.

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.

Quoted in and contributed to 50+ national & international publications (Bloomberg, FirstPost, SwissInfo, Outlook Money, Yahoo News, Times of India, Economic Times, Business Standard, Quartz, Global Legal Post, International Bar Association, LawAsia, BioSpectrum Asia, Digital News Asia, e27, Leaders Speak, Entrepreneur India, VCCircle, AutoTech).

Regularly invited to speak at international & national platforms (conferences, TV channels, seminars, corporate trainings, government workshops) on technology, patents, business strategy, legal developments, leadership & management.

Working closely with patent attorneys along with international law firms with significant experience with lawyers in Asia Pacific providing services to clients in US and Europe. Flagship services include international patent and trademark filings, patent services in India and global patent consulting services.

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