A registered industrial design is a type of design protection that grants exclusive rights to the owner of the original design. It prevents others from selling or manufacturing products with similar or exact designs to those of the registered industrial design.
In India, the duration of a registered industrial design is ten years from the date of filing. This time frame allows sufficient time for the owner to capitalize on their design, while also safeguarding them against any potential infringement.
In order to maintain their exclusive rights, owners must renew their registration every ten years. The renewal process requires submitting updated information and paying additional fees.
The application process for registering an industrial design in India must be done through the Office of Controller General of Patents, Designs and Trade Marks (CGPDTM). Applicants must provide detailed information about their product and its features, such as its shape, pattern, configuration or ornamentation. In addition, applicants are required to provide drawings or photographs of the product which accurately depict its features.
To ensure that applicants comply with all legal requirements, CGPDTM requires them to provide proof that they are indeed the original creators or owners of the industrial designs they are applying for. Such proof includes signed documents from witnesses who can testify that the applicant is indeed responsible for creating it. Additionally, applicants may also be required to submit other evidence if necessary.
Conclusion:
In India, a registered industrial design has a duration of ten years from its filing date. To maintain exclusive rights over it beyond this period, owners must renew their registration every ten years by providing updated information and paying additional fees. The application process for registering an industrial design must be done through CGPDTM and requires providing detailed information about the product as well as proof that applicants are indeed its creators or owners.
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