Design

Comprehensive Design Protection Services: Registration, Enforcement, and Commercialization

Design refers 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 form, by any industrial process or means, whether manual, mechanical, or chemical—separate or combined. These designs appeal to the eye, and the aesthetic features are what distinguish the article.

However, design does not include:

• Any mode or principle of construction.
• Anything that is merely a mechanical device.
• Trademarks as defined under Section 2(1)(zb) of the Trade Marks Act, 1999.
• Property marks as defined under Section 479 of the Indian Penal Code.
• Any artistic work as defined in Section 2(c) of the Copyright Act, 1957.

In India, designs are protected under the Design Act, 2000, which outlines procedures for:

• Registration of designs.
• Cancellation of registered designs.
• Protection from design infringement and the corresponding legal remedies.

However, securing design registration can be a complex process, requiring expert navigation of legal and procedural aspects.

Astrea’s Design Protection Services

At Astrea, we offer a comprehensive range of services to assist clients in securing, protecting, and managing their design rights. Our expertise covers the entire lifecycle of design protection, from initial filing to enforcement. Our key services include:

• Drafting and Filing Applications: Expert assistance in preparing and filing design applications to ensure legal protection.
• Due Diligence: Conducting thorough assessments to check for existing designs and avoid infringement risks.
• Infringement and Injunction: Legal support for handling design infringements, including seeking injunctions to protect your designs from unauthorized use.
• International Filing: Facilitating the registration of designs across various jurisdictions through international treaties and local filings.
• Conducting Search: Conducting searches for existing designs to confirm novelty and ensure that your design is unique.
• Prosecution of Design Rights: Representing clients in proceedings before the authorities to secure or defend design rights.
• Appellate Proceedings: Handling appeals related to design registration, opposition, or infringement matters.
• Licensing and Assignment of Design: Assistance in licensing and assigning design rights for commercial exploitation.

 

With extensive experience in Design Law, Astrea offers tailored strategies to help clients secure and protect their innovative designs. We are committed to ensuring that your designs are registered efficiently, defended from infringement, and fully leveraged for commercial success. Whether it is filing a design application or resolving a dispute through every step.