COUNTRY : INDIA
CAPITAL : NEW DELHI
LANGUAGE : ENGLISH / HINDI
Indian Patents, Design and Trademarks office is administered by Department of Industrial Policy and Promotion, Ministry of Commerce.
Following can file Design Applications:
a). Author of the Design
b). Employer of the author if Design made during course of employment
c). Person contracting the author to make the design
d). Person to whom the author has assigned the design in writing.
2 or more persons owning interests in the design must apply jointly.
WHY PROTECT DESIGNS IN INDIA ? Patent law deals in ‘behind the scenes’ aspects of a company or organization as it deals with inventions that are not easily accessible by the general public. Designs along with Trademarks on the other hand, are the ‘visual medium’ which aid in brand projection, recognition, association and retention by existing and potential customers. To prevent rivals from copying industrial designs, it is therefore an important and strategic aspect in the protection of intellectual property rights. Therefore, as with all IP, it is better to begin protection of designs at the earliest before disclosure with the general public.