The design is protected for a specific period of time in the industrial design act. The time period for the protection of design is mentioned in section 46. The time period is 5 years after the industrial design gets protection and time period is disclosed after the first application. If registration of a design is renewed under section 47 for 10 years from the filing date of the design application which is first disclosed in the application.
Renewal of registration
Registration of design is also renewed and it is the right of the registered owner that he can file an application for renewal of design. It is necessary that renewal must take place within the prescribed period of time. The registrar has to renew the registration if an application is in accordance with the prescribed form. Registration of design can be ceased by the registrar if he is satisfied that he did not fulfill the terms and conditions which are mentioned in paragraph 67 (1) (a) or 68 (1). The owner has also to pay the prescribed fees for renewal on time if it is not given by him then registration is not renewed.
Surrender of registration
- Registered owner has right that he can make an offer for surrendering the registered design.
- If there is more than one owner of the registered design, then offer can be made by any of the registered owners.
- An offer which is made one owner or more than one owner must have to fulfill the followings:
- Offer must be made in writing.
- It is necessary that offer must be made in the prescribed form.
- It can be made by the owner at any time.
Registrar revokes the registration of design by notifying the person as according to the regulations of the offer and registrar also gives an opportunity to make a submission in a prescribed manner and within the prescribed time period. Then registrar may accept the offer and revoke the registered design and also enter in a register. If any dispute in relation to design and brought in court then registrar has not accepted offer of surrendering the registration of design by any owner unless:
- The court did not give consent.
- All the parties in a proceeding must give their consent.
If any compulsory license is enforced in relation to design, then registrar cannot accept the offer which is made by one or more than registered design owner in relation to a surrender of the design. The owner or any person can make an appeal in federal court or in federal circuit court against the registrar decision.