design law

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Greetings and welcome to Indian Law Company, your steadfast companion in the realm of Industrial Design Law. Our primary goal is to achieve a harmonious equilibrium between safeguarding registered designs and fostering design innovation within the Indian landscape. We specialize in extending design protection to novel and original designs that captivate the eye, thereby bestowing substantial commercial advantages upon the rightful owner. Trust us to navigate the intricate facets of Industrial Design Law, ensuring the preservation and promotion of creativity in India.

Conclusion

At Indian Law Company, we are committed to navigating the intricacies of Industrial Design Law in India. Our comprehensive services ensure that our clients benefit from design protection, fostering innovation while safeguarding commercial interests.

Our Services

International Commitments: India, as a signatory to the Paris Convention for the protection of Industrial Property and the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), aligns its practices with international standards.

Comprehensive Services: Our firm offers end-to-end services, including Prosecution, Enforcement, and Advisory services. We cover a diverse range of design prosecution areas, from industrial products, handicrafts, and technical instruments to medical instruments, watches, jewelry, houseware, electrical appliances, and automotive products.

Legal Remedies: A registered design owner can seek civil remedies, including filing a lawsuit for an injunction to restrain the infringement of a registered design. However, criminal remedies are not provided under the law.

Key Highlights

    1. Design Protection Criteria: Design protection is granted to new or original designs with visual appeal. Striking a balance, the law encourages design activity while safeguarding the rights of designers.

    2. Commercial Advantage: Registration of designs provides a substantial commercial advantage to the owner. To secure this advantage, the application for design registration must be submitted before any commercialization or public display of the article. Prior public exposure can disentitle the owner.

    3. Registration Process: Design registration is a relatively swift process compared to other forms of intellectual property. It is essential to file the application before public display or commercialization. The term of protection for a design is 10 years, extendable for an additional 5 years upon renewal.

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