Configuration Means just the highlights of shape, example or piece of line or variety applied to any article in 2D or 3D organization by any manual or mechanical cycle which can be decided by eyes. Design
It incorporates no Trade mark or imaginative work (under copyright)
Owner of a new or unique plan Includes –
(1) Author of plan
(2) An individual who gets the plan executed by other individual and
(3) An individual who secures configuration right from a creator.
Plan Application-
The application for configuration can be made by any individual who professes to be an owner of new or unique plan can be made to the Controller. An application will be made in an endorsed design and will be joined by four duplicates of portrayal of the plan and recommended charge. This application can be sent the hard way or by enlisted post.
An application will express the class to which such plan is to be enrolled. The Designs Rules, 2001 recommends arrangement under which application can be liked. On application, on the off chance that any complaint appears to Controller, which requires correction in an application, he might impart the rundown of such issues with the candidate. A candidate will eliminate/settle the protests in 6 months or less. Under Sec 6, Design is enrolled for all or any of the articles involved in a specific class. Where configuration is enrolled for any one article going under given a solitary characterization, the application for same plan however for some other article in a similar order can be conceded to a similar candidate.
Say ‘Container’ and ‘pack’ goes under a similar arrangement and in the event that anybody has gotten plan under ‘bottle’ he, at the end of the day, won’t be denied from getting a similar plan for ‘sack’. The Controller can either give or decline the application. On refusal, the individual oppressed can lean toward an enticement for High Court. The Controller will give an endorsement of enlistment to the candidate and distribute the reality of enrollment of the plan. A register of plans is kept at the Patent Office, wherein all points of interest of a plan will be placed. Such register is by all appearances proof of any reality with respect to plan.
Corresponding Application:-
Any individual who has applied for any plan in the UK or some other show nation can guarantee similar plan in India. Nonetheless, such case will be made in no less than a half year from the date of use in the UK or other show nations.
Dismissal: – The regulator will not enlist the plan if:
• It isn’t new or unique
• It has been distributed in India or somewhere else in any configuration before the need date of utilization of a candidate
• It isn’t essentially not the same as known plan or their mix
• It contains shameful or revolting matter.
Replacement: – Where before enlistment of plan:
• An individual has applied for enlistment of any plan, and • Other individual cases similar plan as his plan because of any understanding or task then the Controller can continue to enroll such plan for the sake of petitioner.
In any case, the plan ought to be distinguished as per the general inclination of the Controller and the arrangement or task will likewise be created under which guarantee of the inquirer has been made.
Reclamation: – Where recharging expense isn’t paid, the right has slipped by which can be reestablished in somewhere around 1 year, from the date of expiry of a unique period on installment of a charge. Application for reclamation, as applied by a candidate, will be distributed by Controller.
Stamping before Sale:- Where the plan of an article is enlisted, an imprint with “Enrolled” or “Regd.” will be fastened alongside enrollment number on such article before conveyance available to be purchased of such article.