The registration of a design confers upon the registered proprietor the exclusive right to apply a design to the article in the class in which the design has been registered. A registered proprietor of the design is entitled to a protection of his intellectual property. He can sue for infringement, if his right is infringed by any person. He can license or sell his design as legal property for a consideration or royalty.
The designs falling under the following category are not eligible for registration;
1. Not new or original;
2. Disclosed to the public anywhere in India or in any other country by publication or by use or in any other way prior to the date of filing;
3. Not significantly distinguishable from known designs or combination of known designs;
4. Comprises or contains scandalous or obscene matter.
Further to this any article falling in the following categories are also not registrable under the Designs Act;
Book jackets, calendars, certificates, forms and documents;
- Dress making patterns, greeting cards, leaflets, maps and plan cards;
- Post cards, stamps and medals;
- Labels, tokens, cards and cartoons.
An important criterion for selection is that the article should exist by itself independent of the design applied on it. The aforementioned articles are therefore included in the non-eligible list as once the designs on these items are removed only a blank paper or cloth or the like remains.
