It is necessary for a design to be new and distinctive in order to be registered. The term ‘new’ refers to the fact that the design has not been publicly used in India nor has it been published in a document within or outside the country.
A registered design can be an important commercial asset. In your capacity as the registered owner, you are responsible for:
It is likely that many registered design owners will not require additional protection beyond registration. Registration is the first step for those who wish to enforce the protection of their designs, that is, to sue for infringement.
The term of protection for designs is 10 years from the date of registration. Upon expiration of the initial 10 years of protection, the protection may be extended by another five years. After this period of time has passed, the design becomes part of the public domain and may be used by anyone without restriction.
The plaintiff, in this case, is Toyota Jidosha Kabushiki Kaisha and they seek to prevent the defendant, a spare parts supplier by the name M/S Prius Auto Industries Limited, from the usage of the trademarks- “Toyota”, “Innova”, and “Prius”. According to the finding of the court, two of the three trademarks mentioned, namely Toyota and […]
Intellectual property rights create a situation in which the inventor or the creator enjoys full ownership and rights to commercial exploitation of his creation while everyone else is excluded. The justification is that such a creation, if it has material value, must benefit the creator while preventing others who would otherwise commercially exploit the concept […]
WIPO defines copyright as the right of creators to ownership of their creations and to make use for commercial or other purposes. Copyright today covers literary creations, printed material, computer programs, data, audiovisual media, dance, paintings and drawings, photographs, sculpture, architecture, ad material, technical drawings and others that are the outcome of intellectual effort. From […]