HK Avenue, 19, Swastik Society
Ahmedabad - 380 009. INDIA
Phone : +91 79 26425258/ 5259
Fax : +91 79 26425262 / 5263
Email : email@example.com
Web : www.HKINDIA.com
REPRESENTATIVE OFFICE - USA
2123 , Stanford Avenue
Mountain View, CA 94040
United States of America
Tel. : 1 650 964 1434
Fax : 1 650 964 4857
E-102, First Floor,Lloyds Estate Sangam Nagar, Next to V.I.T. College, Wadala (E)
400 037. INDIA
Tel. : 91 22 24187744
House no. 316, Ground Floor
"A" Sector, Yelahanka New Town
Bengaluru- 560 064
2nd Floor, Shivani Complex, Kanta Stri Vikas Gruh Road
Rajkot - 360 002. INDIA
Tel:+91 281 242 731
203,Shriji Palace,Savsar Plot, Main Road,
218, Abhisekh Complex Aksharchowk, Old Padra Road
Vadodara 390 020 INDIA
Phone: (0265) 2322015
The Designs (Amendment) Rules, 2021
The Design Rules, 2021 published by The Department for Promotion of Industry and Internal Trade (DPIIT) under The Ministry of Commerce and Industry in the Official Gazette of India on 25th January 2021 have come into force with immediate effect. The outline of these revised rules is summarized as under:
a) an entity in India recognized as a startup by the competent authority under Startup India Initiative;
b) in case of a foreign entity, an entity fulfilling the criteria for turnover and period of incorporation or registration as per Startup India Initiative and submitting declaration to that effect.
The official fees applicable for startup and MSME are same with that applicable to natural person.
The official fees for filing and prosecuting Design Applications for the applicants under small entity have been reduced and made at par with that applicable to the natural persons/startup.
An application processed by a natural person and/ or startup and/ or small entity is fully or partly transferred to a person other than a natural person, startup or small entity, then the difference of fees charged, if any, shall be paid by the new applicant with the request for transfer.
The said rule further elucidates that when a startup or small entityfiled an application for a design and ceases to be a startup or small entity due to the lapse of the period during which it is recognized by the competent authority, or its turnover subsequently crosses the financial threshold limit, no such difference in the fees should be paid.
For the purposes of the registration of designs and for these rules, articles shall be classified as per the current edition of “International Classification for Industrial Designs (Locarno Classification)” published by the World Intellectual Property Organization (WIPO), and further registration of any design would be subject to fulfill the criteria as per the provisions of Designs Act.
New Form-24 is introduced for claiming the status of a Small entity or Startup.
In the principal rules, THIRD SCHEDULE has been completely omitted.
These Amendments will widen the scope of startup and small entity to promote and protect Intellectual Property Rights among them and will be encouraged to seek design protection.
Contributed By : - Priya Mehta (Indian Patent Agent and Advocate)