Industrial Design
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What is Industrial Design?
To apply for Industrial design, one should keep in mind what type of application is to be filed, whether Ordinary or Reciprocity application. Ordinary application priority cannot be claimed. Whereas, in the Reciprocity application one can claim priority, provided such application is filed in India within six months from the date of the application filed in the convention country.
Deliverables
The Designs Act, of 2000, lists the following requirements to be met before a design can be registered:
1. Novelty– the design should be original and cannot be published or used in any country. However, an existing design on a new subject matter can be registered.
2. It should be applied to an article, excluding industrial plans or layouts from registration as designs.
3. The design should be applied to an article by an industrial process, excluding paintings and sculptures that are not produced in bulk by an industrial process from registration.
4. The design should be visible in the final article, and this is because the design is judged solely by the eye.
5. In Any mode of operation, a mechanical device cannot be registered.
6. Design cannot include a trademark, property mark, or artistic rights defined under the Copyright Act 1957.
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