Topic- How a garment manufacturer manufacturing clothes on

behalf of a school or various schools can protect his design under

the IP Act.

Introduction:
To protect a clothes design in India under Intellectual Property Rights (IPR) laws, you can
consider registering the design under the Designs Act, 2000.
The Designs Act 2000 is specifically crafted to protect the non-functional, visually appealing
aspects of objects, encompassing features such as shape, configuration, pattern, ornament, or
composition applied to both two-dimensional and three-dimensional forms. This design right,
granted upon registration, holds for an initial period of ten years, with the possibility of
extension subject to certain conditions, culminating in a total protection period of 15 years.

Protection provided under the act:

Section 22 of The Design Act outlines the consequences of piracy, stipulating that an
infringer may be liable to pay the registered proprietor a sum not exceeding Rs25,000, which
is recoverable as a contract debt. Alternatively, if the proprietor chooses to pursue legal
action, damages may be awarded, and an injunction may be sought against the repetition of
the infringement.

Process of registration of a design:

The design registration process in India is known for its efficiency and speed, making it the
fastest among all intellectual property registration procedures. Once registered, the proprietor
gains a monopoly over the design, enjoying exclusive rights not only against direct copies but
also against products that bear substantial similarity to the protected design. This system
ensures a robust framework for protecting the rights of design owners in a time-bound
manner.
Here's a step-by-step guide to the procedure and costs involved:
1. Design Search : Prior to initiating the registration process, it is recommended to
conduct a thorough search to ascertain the uniqueness of your design and confirm that
it hasn't been previously registered by another party. Utilize the resources available on
the Indian Patent Office's website for this purpose. Additionally, ensure that the design
in question doesn't fall within the scope of Section 4 of the mentioned Act.
2. Filing the Application: Once you've ensured the uniqueness of your design, you can
proceed with applying for design registration with the Designs Office u/s 5 of designs
act,2000. The application should include:
  - Representation of the design.
 - Information about the applicant.
 Description of the design.
 - Details of the priority, if claimed.
 - Power of Attorney, if filed through a legal representative.

3. Examination and Publication:

The examination and publication process under the Design Act involves the scrutiny and
disclosure of a submitted design application.

 Examination:

- After submitting the design application, it undergoes examination by the Design Office to
ensure it complies with the legal requirements and criteria for design registration.
- The examination verifies that the design is novel, non-obvious, and distinct from existing
designs.

 Publication:

- Once the design application successfully passes the examination, the accepted design details
are published in the Official Journal of Designs.
Publication serves as public notice of the design's existence and the rights associated with it.
During this phase, third parties have the opportunity to oppose the registration if they believe
there are grounds for objection.

4. Opposition Period:
There is a specific period, typically after publication, during which third parties can
oppose the registration of the design.
Opposition may be based on claims of prior rights, lack of novelty, or other legal grounds.

5. Post-Opposition Proceedings:
- If there are no oppositions or if the opposition is overcome, the design proceeds towards
registration.
- The registration of the design provides the owner with exclusive rights and legal protection
against unauthorized use or reproduction.
6. Registration and Certificate Issuance: Upon successful completion of the process, the
design is registered, and a certificate of registration is issued to the applicant. The registration
of the design certificate is the final step in the design registration process under the Design
Act.
Approval and Certificate Issuance:
- Once the design application successfully passes examination and any potential
opposition, the Design Office approves the registration.
- A design certificate is then issued to the owner of the design, acknowledging the
registration and providing details of the protected design.
Significance of registration:
1. Inclusion in the Design Register:
- The design details, along with the granted certificate, are officially recorded in the Design
Register maintained by the Design Office.
- This register serves as a public record of registered designs, providing transparency and
accessibility.

2. Exclusive Rights Commence:

- With the issuance of the design certificate and inclusion in the register, the design
owner officially gains exclusive rights to the registered design

3. Monopoly and Legal Protection:

- The design certificate establishes a legal basis for the owner to enjoy a monopoly over
the design, preventing others from unauthorized use or reproduction.
- The registered design is now legally protected, and the owner can take legal action
against infringement.
4. Validity Period:
- The design registration is typically valid for ten years, extendable under certain
conditions for a total of 15 years.
The issuance of the design certificate and its registration in the official Design Register
signify the successful completion of the design registration process, providing legal
recognition and protection to the owner's intellectual property rights.

Costs Involved:
  Government fees for filing the design application,which on average is, Rs. 1000 for
small entities and Rs. 4000 for Large Entities. For instance, the government fee in
India for filing an industrial design is ₹1,000 for individuals, startups, and MSME;
and ₹4,000 for other entity types.
 Fees for conducting a design search (if using professional services), depends on
Service Providers.
 Any additional fees related to responding to objections or oppositions (if applicable).
The exact amount of expenses will vary depending on various factors such as the complexity
of the design, professional fees, and any additional services required.
The total costs are subject to fluctuation based on factors like design complexity, professional
fees, and additional services needed. To safeguard the design for schools or clients, the
garment manufacturer usually engages in agreements with them. These agreements outline
the ownership of design rights and terms governing its usage and protection. The nature of
these agreements may involve licensing or the assignment of rights, depending on the
mutually agreed terms.

Miscellaneous:
Ownership Considerations for Manufacturers:
If the manufacturer is producing clothes on behalf of a school, the ownership and protection
of the design should be clearly outlined in a contractual agreement. The manufacturer may
choose to be the applicant for design registration, or it can be done in the name of the school,
depending on the agreement.
Legal Agreement:
Establish a comprehensive legal agreement with the school(s) explicitly addressing design
ownership, rights, and protection. Clearly define whether the manufacturer retains design
rights or transfers them to the school.

Conclusion:
In conclusion, protecting clothing designs in India involves a meticulous process under the
Designs Act, 2000. Registering a design grants exclusive rights for an initial ten years,
extendable to 15, with potential consequences for piracy outlined in Section 22 of the Act.
The registration process, known for its efficiency, includes design search, application filing,
examination, publication, opposition period, and eventual registration with certificate
issuance. The significance of registration lies in the commencement of exclusive rights, a
monopoly over the design, legal protection, and inclusion in the official Design Register. The
associated costs vary and depend on factors like design complexity and professional fees. For
garment manufacturers working with schools, legal agreements defining design ownership
and protection are crucial, with considerations for design registration in the manufacturer’s or
school’s name based on the agreement’s terms. This comprehensive approach ensures the
effective safeguarding of intellectual property rights in the dynamic realm of clothing design.

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