About Design Registration
A registered design is a design that has been officially registered at the Intellectual Property .It is assigned a registration number which can be presented on the product or article to place others on notice that there is a design registration in place. Details of the registration can been opened on the Intellectual Property database so third parties can be made aware of the registration and designate not to pursue actions that will trespass your registration.
Why should I obtain protection?
Officially registering your design means that you are in a tougher position if a third party starts making or otherwise deal in a design that is similar to your own. If you resort to relying on copyright you must prove that you are entitled to copyright in the design and demonstrate that the other party essentially copied from your work. This can be hard to do. In dissimilarity, if you have a registered design all you have to show is that the look of the infringing product does not differ substantially from your registered design.
Registered designs can be used to stop parallel introduction, whereas copyright will not.
Registering your rights can also add value to your business.
Can my registration be challenged?
» Your design registration can be challenged. An interested party can research your registration by applying to the Intellectual Property Office of the Court for cancellation of the design. There are number of surroundings available to challenge a design such as the design was not new or original at the date of filing.
What should I do if my registration is infringed?
The first step is to obtain as much info as you can on the actions of the potential infringer. Do not contact them directly or threaten them in anyway until you have contacted your attorney.
Your attorney will judge your case and contact the other party on your behalf. Violation cases are generally settled early on in the procedure by way of a clearance agreement. You might assign an undertaking from the other party to cease their activities and distribution up of their goods. You can also follow an account of their profits or be remunerated for any loss you have suffered if it can be reckoned.
