FAQ

D1: Are designs registrable in India?
Yes.

D2: Should the design application be filed under the form of drawings and/or photographs, the size thereof and the number of views?
Yes.

1-  Four copies of the design shall be exactly similar to drawings, photographs, tracings or other representations of the design or shall be specimens of the design.

2-  When a design is to be applied to a set, each representation accompanying the application shall show all the various arrangements in which it is proposed to apply the design to the articles included in the set.

3-  Each representation of the design whether to be applied to a single article or to a set, shall be on durable paper of A4 size (and not on cardboard) and shall appear on one side only of the paper. The figure or figures shall be placed in an upright position on the sheet. When more than one figure is shown, these figures shall, where possible, be on one and the same sheet, and each shall be designated (e.g. perspective view; front view, side view).

D3: What are the novelty requirements for a design application to be valid?
New, original and should not have been disclosed anywhere in India or any other country by publication or by use.

D4: Can convention priority be claimed in India (Paris Convention)?
Yes.

D5: Does India use the international classification?
Yes.

D6: Are there any goods for which a design cannot be registered?
No.

D7: Is the assignment of the creator compulsory for a design application?
No.

D8: Is there any deadline to apply for the publication of a secret filing of a model/design?
Not applicable.

D9: Are there any special advantages in filing a model or a design in a secret form?
Not applicable.

D10: Is it possible to file more than one design in the same application? If yes, are there any advantages in doing so?
No.

D11: What is the term of protection of a model or design in India? Can this term be extended?
10 years plus 5 years (total of 15 years).

D12: Is use required to maintain a registration of a model or design in India?
No.

D13: Are designs/models protected by copyright law as well?
No.

D14: Are there provisions in your law to oppose a model/design registration?
No.

D15: Is it possible to apply for cancellation of a registered model/design?
Yes.

Address:

Abu-Ghazaleh Intellectual Property HL Arcade-3rd Floor, Plot No. 14, Sector 5 (MLU) Above AXIS Bank, Dwarka, New Delhi – 110075 India

P.O. Box:
Telephone: (00 91-11) 45122000
Fax: (00 91-11) 45122099
Email: india@agip.com
Contact: Abhishek M. Rohra (Mr)

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