“Design” means only the features of shape, configuration, pattern, ornament or composition of lines or colors applied to any article whether in two dimensional or three dimensional or in both forms, by any industrial process or means, whether manual, mechanical or chemical, separate or combined, which in the finished article appeal to and are judged solely by the eye; but does not include any mode or principle of construction or anything which is in substance a mere mechanical device and does not include any trademark.
Design Registration is just like copyright registration or any intellectual property right registration that gives the exclusive right to make, sell, and use articles that embody the protected design registration, to selected people only.
As per the Design Act, 2000 there are some designs which are prohibited for design registration such as:
- If any design is not new or original.
- If a design disclosed to the public anywhere whether in India or outside India or publish in tangible form outside India, or in any other way prior to the filing date or the priority date of the application for registration.
- A design that is similar or nearly resembles from known design or combination of design.
- Design registration helps to protect the design from copied and imitated by competitors.
- Strengthens your competitive business position.
- The registered design may license or sold to others for a particular purpose. Through licensed you can enter a new market that you are otherwise unable to enter or serve.
- Registration of industrial designs encourages fair competition and honest trade practices.
- Registering a valuable design helps to obtain a fair return on investment profits as industrial designs are business assets that can increase the commercial value of a company and its products.
- The value of the company will be higher if a registered design is more successful.
Before registration of design following conditions to be fulfilled:
- The design should be new or original.
- Not disclose to the public anywhere whether in India or outside India or not previously used by any other person.
- Not include any Trademark or Copyright.
- The design should be related to the features of shape, configuration, pattern, ornament or composition of lines or colors applied to any article whether in two dimensional or three dimensional or in both forms.
Any mode or principle of construction or operation or anything which is in substance a mere mechanical device, cannot be registered.
Basic Features to Read before starting private limited company
A private company is required to add the word “Private Limited” or “Pvt. Ltd.” to the end of its name. A private company should have at least two members and two directors. The private company has the right to issue debentures to any number of persons.
Features of Public Limited Company
MCA provides the facility for the incorporation of the public limited companies. For incorporation, firstly apply for name through RUN (Reserve Unique Name) on the MCA portal. After the availability of name from ROC we should file incorporation form i.e. Spice 32, INC 33(for eMOA), INC 34(for eAOA), .