An Overview of Design Registration Renewal and Restoration
As per Section 11(1) of the Designs Act, 2000, it grants Copyright protection to a design for 10 years from the Design Registration date. Moreover, according to Section 11(2) of the Act, a design may be renewed once for an extra 5 years anytime within the starting ten years of registration. No further extensions or renewals of protection are possible beyond the 15 years limit. Further, suppose a design is expired due to non-payment of Design Registration Renewal fees. In that case, an application under Section 12 of the Designs Act, 2000, can be filed for the Restoration of the design application within one year of the expiry of the Design Registration period along with the prescribed form (Form-4) and fee as mentioned in the Design Rules.
What do you mean by a Design?
According to Section 2(d) of the Design Act, a Design is a pattern, a configuration, features of shape, lines, or ornament of colour or their combination, which is applied to any 2-d or 3-d or in both the forms, by any industrial means or process, whether manual, chemical, or mechanical, separate or combined, which in the finished or final article appeal to and are judged exclusively by the human eye. However, a design doesn’t comprise any mode or principle or anything which is in substance/material a simple mechanical device. The definition of a design doesn't contain any Trademark and a property mark or artistic work.
Meaning of Design Registration Renewal and Restoration
- Renewal of Design: A Design is registered under the Design Act, 2000; the registered owner has a Copyright in the Design for ten years from the Design Registration date. Under Section 11(2) of the Design Act, 2000, thee provisions concerning Design Renewal are provided. The Design Registration Renewal can be extended for a time period of five years. The Design Registration Renewal can only be done after the expiry of Design Registration, and the Controller does the Renewal of Design after the registered owner fulfils all the requirements.
- Restoration of Expired Design: If a registered Design ceases to have an effect because of non-payment of Design Registration Renewal fees within the given time period, the registered Design owner can go for the Restoration of Expired Design. The registered design owner can file a Restoration application of lapsed or expired Design as per Section 12 of the act. The application for Design Restoration should be filed within twelve months from the date on which the registered Design ceases.
Requirements for the Design Registration Renewal and Restoration
Following are some crucial requirements for Design Registration Renewal and Restoration:
- Requirements for Design Registration Renewal
- The application for Design Registration Renewal should be filed before the expiry of the actual time period of ten years;
- The fact of Renewal of a registered Design is required to be entered in the Register of Designs;
- The Designs Wing is necessary to finish the proceedings of Design Renewal within one week from the date of receipt of Form-3;
- The fact of Renewal of Design should be published in the Journal of Patent Office by the Design Wing.
- Requirements for Restoration of Lapsed or Expired Design
- The registered owner of their legal representative can apply for the Restoration of an expired Design;
- If the registered Design owner fails to register an alteration of a name before/after the termination, they should first apply for such change of name in the Design register. The application for Restoration of an expired Design should proceed only after the name change has been affected in the Design Register;
- In case the application for Restoration is filed by another individual claiming to be the owner of the registered Design, then such an application should be accompanied by Form-11 for affecting a change in name or ownership in the Design Register. The application for Restoration should have proceeded only after the alternation in the name of ownership is affected as per the provisions under Design Act. However, in an instance where a change in ownership or name happened after the registered Design expired or lapsed to have an effect, then such a Restoration application from the latter alleged owner of Design will not be considered by the Design Wing;
- In an instance, if two or more individuals hold the Design, then, with the leave of the Controller, one or more of these individuals without joining the others can apply for Restoration of Expired Design.
Procedure for Design Registration Renewal and Restoration
Following is the Procedure for Design Registration Renewal and Restoration:
- Procedure for Design Renewal
- First, the owner of a Design is required to file an application for the Renewal of Design Registration with the Design Wing;
- The application for Design Renewal should be filed in Form-3 as prescribed under Rule 23 of the Design Rules, 2001 and submit it to the Design Wing;
- Once you submit the application form, the Design Wing will examine whether the applicant or owner has filed the application within the given time period or not.
- The Design Wing, when it is satisfied that the application for the Renewal of Design Registration is filed within the prescribed time, will approve the Renewal application. The Design Wing should complete the proceedings for Renewal of Design Registration within one week from the date of the Form-3 Receipt;
- After allowing the Renewal, the Design Wing should enter in the Design Register for the Renewal of Design. The Design Wing should also publish the fact of Design Renewal in the Patent Office Journal.
- Procedure for Design Restoration
- First, the applicant needs to file an application for the Restoration of Lapsed or Expired Design with the Controller in Form-4 as given under Rule 24 of the Design Rules, 2001. The application of Design Restoration should comprise a statement setting out the correct conditions that led to failure in payment of the fee for the Renewal;
- The application for Restoration must comprise the relevant evidence for the delay in the Payment of Renewal fees by the registered owner. The evidence must support the claim of the owner that the failure in the payment of the fees was unintentional and there has been no undue delay in applying for Restoration from the part of the registered owner;
- The Controller may need some evidence in support of the statement which is made by the actual owner of a registered Design;
- Once the Controller is satisfied that the non-payment of Renewal fees was unintentional and also there was no undue delay in making the Restoration application by the owner, the Controller can give an order for the Restoration of an expired Design;
- If the Controller is of the belief that there is a prima facia case for not allowing the Restoration application, the registered owner of the Design should be intimated. In such a case, the owner or proprietor of the Design may request the Controller for a hearing in the case within one month from the receipt date of such intimation from the Controller. Unless the registered owner makes such a hearing request, the application for the Restoration of Lapsed Design should be rejected by the Controller;
- The owner of a Design requests for hearing within the time, and the Controller, after such a hearing, is satisfied that the non-payment of Renewal fee is unintentional and there was no undue delay in the making of a Restoration application, the application for the Restoration of Lapsed Design should be permitted by the Controller;
- A registered Design is restored should be published in Official Journal by the Controller.
Frequently Asked Questions
The Design can be extended further for five years on an application made in form by paying fees to the Controller.
Books, Certificates, plan cards, stamps, dressmaking patterns, greeting cards, medals, maps, etc., cannot be registered as a design.
Registered design rights are the exclusive rights in the visual appearance of the complete or part of a design like texture, shape or colour when applied to a function object.
If you create original sketches of your designs, then such sketches are safeguarded under the Copyright Law.
The Patent law provided for the granting of Design Patents to any individual who has invention any unique, new ornamental design for an article of manufacture.