Team Legistify | Legistify

Team Legistify
Answered on 28 Sep 2018

In case of infringement of a design, the proprietor may bring a suit against the infringer for recovery of damages, injunction to stop there use and seizure of infringing products.As per Section 2(d) of The Indian Design Act, 2000, “design” means the shape, configuration, pattern, ornament or composition of lines or colours applied to an article, whether in two or three dimensional, or in both forms by any industrial process or means, whether manual, mechanical or chemical, separate or combined. Read More

Posted on 01 Jun 2016 | 1 Answer

Team Legistify | Legistify

Team Legistify
Answered on 28 Sep 2018

The following cannot be protected: A manufacturing process, Functional features of an article , A principle of construction, or how an article is built , The materials used in the construction of an article , The useful purpose (functionality) the design serves or is intended to serve , Colour per se or Ideas. Read More

Posted on 25 May 2016 | 1 Answer

Team Legistify | Legistify

Team Legistify
Answered on 28 Sep 2018

Design registration is important for business for the following reasons- To protect any new/ original shape, configuration, surface pattern, combination of lines or colours and prevent the imitation of the innovator’s design and prevent the commercial exploitation of the innovator’s design by the third party without the proprietor’s consent, To obtain bonafide reward by commercial exploitation of the design by the creator as well as by assignment of the same to other parties, To enable consumer to identify products.The benefits of design registration as IP are that 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 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. Read More

Posted on 17 May 2016 | 1 Answer

Team Legistify | Legistify

Team Legistify
Answered on 28 Sep 2018

Given a scenario where a person has a business idea in mind and has just begun working, the major concern always is, how to protect our business from getting copied or preventing leak of important information that could harm the workings of the business in the present and future. I wanted to inquire that in a start up with a business idea, what are the rights of the owner concerning the Intellectual Property for the business and what can be done to protect the IP. Can you also explain the concept of Trade Secrets and their registration in India, alongwith other ways to protect the IP. Read More

Posted on 11 Jul 2016 | 2 Answers

Team Legistify | Legistify

Team Legistify
Answered on 28 Sep 2018

Design assignments must be registered with the authorities within six months of the date of execution or within an extended time period of six months. Read More

Posted on 01 Jun 2016 | 1 Answer

Team Legistify | Legistify

Team Legistify
Answered on 28 Sep 2018

You can hire employees and can get your business idea copyrighted under your name. In India, the Copyright Office does not offer any comprehensive website registration service and every time on the website will be required to be registered separately and hence would require separate applications. This means that you cannot possess a blanket copyright over the entire website. But, over its various components. Copyright Registration and the grant of certificates are governed by the Copyright Act, 1957, and Copyright Rules 2013. The Copyright Office provides for an online mechanism to get your copyright registered and it has to be accompanied by a certain amount of fee. Read More

Posted on 21 Aug 2017 | 1 Answer

Team Legistify | Legistify

Team Legistify
Answered on 28 Sep 2018

Intellectual property, very broadly, means the legal rights, which result from intellectual activity in the industrial, scientific, literary and artistic fields. Intellectual propertyincludes rights relating to performances of performing artists, phonograms, and broadcasts, inventions in all fields of human endeavor, scientific discoveries, industrial designs and integrated circuits, patents, trademarks, service marks, and commercial names and designations, geographical indications,protection against unfair competition and all other rights resulting from intellectual activity in the above fields. Read More

Posted on 18 Mar 2016 | 1 Answer

Team Legistify | Legistify

Team Legistify
Answered on 28 Sep 2018

Multiple images of a design may be included in a single application provided said images relate to a single embodiment of the design in question as only different views of a single embodiment are allowable in an application. Separate applications are required to be filed for multiple or alternative embodiments, if any. Read More

Posted on 29 May 2016 | 1 Answer

Team Legistify | Legistify

Team Legistify
Answered on 28 Sep 2018

The design application can be filed with line drawings or with photographs. The article must be shown in isolation and features of the design must be clearly accurately visible. The representations should be clear depicting various views of the article covering at least perspective view, front view, rear view, top view, bottom view, side view and another side view. Read More

Posted on 28 May 2016 | 1 Answer