Among different types of IP, design is also one. Design refers to the shape, configuration, pattern, ornamental or illustration or composition of lines or colors of an object. It consists of two-dimensional features such as patterns, lines or color or three-dimensional features as the shape or surface. Anybody can register the design and have the right to a design of the product made by them by registering it in the department where they can transfer the ownership of the design too if both parties agree. Nepal’s Law is silent on many important elements of design for registration.
Registration of design
· If a person makes an application to register a design that has not yet been used by anyone within Nepal, the concerned office needs to charge the fees of Rs. 1000/- and register it. Following files need to be attached with the application: 1. 4 copies of design with plan, elevation and side view. 2. Name, address and occupation of the designer. 3. Proof of the document that it does not hamper any person and is not against the law and rules of the country. 4. Receipt of the fee paid for the application. 5. Certificate of transfer of ownership and the fee for transfer of ownership is Rs. 3000/-. · After lawful registration of a design, the concerned office will issue a certificate to the applicant. · The fees for the registration of a design is Rs. 7000/- and a copy of the registration certificate is Rs. 1000/-. · The concerned office needs to maintain a Design Register book in which there should be the details of the person who gets the design registered or the details of the transmission of such rights. · The term of design protection is for five years from the date of such registration, with the possibility of further renewal is for 15 years. · If an application is filed by the concerned person before the expiry of 5 years, the concerned office needs to charge the fees and extend the time frame up to two times at a rate of five years each time at its discretion. · If an appropriate sample or drawing/ sketch has not been submitted along with the application then the owner of such a design needs to submit the sample product of the registered design to the concerned office before presenting it in the market. If the person failed to submit it then the name of the person will be revoked from the Register. · The evidence of the registered design needs to be shown in each product clearly, if someone failed to do so and someone used the design in their product then the creator won’t be entitled to make any claims for the design. · Except for the concerned office, court or the owner or the authorized representative, all are entitled to see such a registered design within the validity date. The person who is entitled to see will have to pay a fee and have to see only in front of the Chief of Office or the subordinate staff of the concerned office and the copy of the design cannot be issued. But if any person files the application to register the design which has been previously registered then that person is entitled to see the design previously registered. The registration fee to search for the registration is Rs. 750/-. · After the expiry of the validity date, everyone is entitled to see the design and get a copy of it. · If anyone copies the registered design and uses it in the market then the entitled person can complain paying the fee of Rs. 1000/- and will be compensated up to Three Hundred Rupees. · If the person wants to change any kind of records then the fee is Rs. 1000/-.
Renewal of Design
The design holder needs to renew his/ her right on the design within 35 days from the date of expiry. For the renewal of design, the following process needs to be followed: · Application for renewal · Original certificate of design registered · Receipt of the fee paid for renewal and the fee is Rs. 1000/- for the 1st time and Rs, 2000/- for the 2nd time. · The period for renewal is 3 days.
Register the design internationally
Protection of design is limited to the country where the protection is granted. So if the person wants to register it internationally then the designer will have to file a single international application either with WIPO or the national or regional office of a country party to the treaty. Only then the design will be protected internationally. If it is registered in WIPO then the agreement covers five broad issues: 1. The basic principles of the trading system and international intellectual property agreements. 2. Rights to be enforced in their own territory. 3. Provides adequate protection to intellectual property. 4. Measures to settle disputes on intellectual property between members of WTO. 5. Special transitional arrangements when the new system is being introduced.
Conclusion
Hence design needs to be registered as it is a creation of the designer to attract consumers in the market. The registered design must have aesthetic appeal. There are certain steps to follow the procedure to get the design right by which they will be entitled to compensation if anyone copied their design. The appearance of a product needs to be saved by the designer or the creator. But the flags, emblems or signs of a country, the structure of a building, designs of clothes, cards, and designs of dress cannot be registered.
