What is Design:
The dictionary meaning of the design is;
A pattern, plan, drawing that produced to show the look, function, and working of the object called the Design.
Introduction to Industrial Design:
When we are talking about the registration of the design then it means we are talking about the industrial design. Whereas, the industrial design may be three dimensional as shapes or surfaces of an article, and the industrial design may also be two dimensional such as patterns, lines, and colors. In this article, we will learn about how to register the design in Pakistan, what will be the process and the required documents. The registration of the design provides the authorization to the owner to use commercially and market the design and prevent the third party’s unauthorized usage. The design cannot be registered again if it is registered priorly, it also is classified by the IPO department. The registered design may be modified, alter, and change by following the prescribed format.
Who may apply for the registration of the Design:
The person who may be a proprietor or creator of the new or original design which is not previously published anywhere in the world may file the registration application in Pakistan. In any other case, the author or creator of the design may be assigned or as may be transferred by succession. The term “person” includes a Company Body Corporate (Private Limited Company), Partnership Firm, etc.
Kinds of Registrations:
- Registration of Design in Pakistan
- Registration of Design under the International arrangements through the World Trade Organization (WTO)
- Registration of Design as a Set.
A design search report will be required in the prescribed format that the department issue in a month.
The requirement for the Registration:
- Name and Address of the Applicant.
- CNIC of the Proprietor, Directors in case of private limited company and Partners in case of the Partnership firm.
- Incorporation Certificate, Memorandum of Association, Article of Association in case of a private limited company, Partnership deed in case of the Partnership firm.
- Four exact similar designs.
- The name of the article for that design is applying.
- Provide the details if the design previously registered in any other class.
- Name of the country where the design will apply.
- Power of attorney if the application is filing through the agent.
The average time and process:
- The department issue the acknowledge receipt in one week when the application filed along with the reception of documents in the system, fee instrument, and data entry.
- The department issue the 1st examination report on the submitted application in three months. The process includes a formal examination, substantive examination, and reporting.
- If the reply needed by the applicant the review action will be taken in one month.
- The department may take two months for the compliances of the legal and codal requirements while registration and subsequent publications.
- The accumulated time for the registration is about six months.
The miscellaneous requests may also be processed in a month such as the issuance of certified copies, change of name, address, etc., request for a duplicate certificate and request for assignment, license, etc. The design proceeding may also be canceled and the cancelation process may take one year.
Non-Completion of Registration:
If there is any fault or negligence on the part of the applicant, and not completed within the stipulated time (within six months) may be deemed to be abandoned.
Who may claim for the design: The design registered under the Design Ordinance 2000; this ordinance provides the priority arrangements for all the members of the World Trade Organization (WTO). But if the application is filed in Pakistan then may application may also be file within 6 months of the priority country.