The Designs (Amendment) Rules, 2021

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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:

• The startup in India has been recognized as one of the competent authorities (entities) for filing and prosecuting Design Applications. To be qualified as a startup, the applicant must comply with any one of the following:

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.

Source: pib.gov.in

----------------------------------------------------------------------------------------TOP Contributed By : - Priya Mehta (Indian Patent Agent and Advocate)