WHY CHOOSE IP tractus AS YOUR DESIGN RIGHTS LAWYERS?

When it comes to safeguarding your design rights and intellectual property, our firm stands as a trusted partner, delivering exceptional legal services with a client-focused approach. Here’s why we are the preferred choice for design rights protection:

• Specialized Expertise in Design Rights
  Our accomplished team of intellectual property solicitors possesses deep knowledge of design rights law under the Design Act, 2000. We offering comprehensive support from registration to enforcement. We navigate the complexities of legal frameworks to protect your creative designs with precision.

• Holistic Intellectual Property Solutions
  Beyond design rights, we provide expert services in patents, trademarks, and copyrights, ensuring all your intellectual property needs are met seamlessly under one roof for maximum efficiency and convenience.

• Customized Legal Strategies
  Every design is unique, and so are our legal strategies. We tailor our advice and action plans to your business objectives, ensuring robust protection of your design rights while aligning with your long-term vision

• Transparent, Cost-Effective Services
  We prioritize clear communication and competitive pricing with no hidden fees, empowering you to make informed decisions with confidence while protecting your intellectual property.

• Proven Track Record of Success
  With a strong history of successfully managing design rights cases, from registration to dispute resolution, we have earned the trust of clients across industries for our commitment to excellence.

• Client-Centric Commitment
  Our dedication to building long-term relationships ensures responsive, high-quality service tailored to your goals, delivering a positive and productive experience throughout the legal process.

• Global Perspective, Local Expertise
  Based in Laxmi Nagar, Delhi, we serve both local and international clients, staying informed of global legal trends to protect your design rights in India and beyond.

• Swift and Efficient Action
  Time is critical in intellectual property matters. Our streamlined processes and dedicated team ensure prompt, effective action to secure your design rights without delay.

What rights do we have with an unregistered and registered design?

Understanding the scope of protection for your designs is crucial for safeguarding your intellectual property. Both unregistered and registered design rights offer distinct protections, and our firm is here to guide you through leveraging these rights effectively.

Registered Design Rights
Under the Designs Act 2000, registering a design provides exclusive rights to the design owner for a period of up to 15 years (initially 10 years, extendable by 5 years). To qualify for registration, the design must be new or original, possess an individual character, and must not be dictated solely by technical function.

Once registered, the owner gains the exclusive right to apply the design to articles in any class of goods specified in the application. Importantly, in case of infringement, the owner does not need to prove that the infringer copied the design; the focus is on substantial similarity, where the design does not produce a markedly different overall impression on an informed user.

Unregistered Design Rights
India does not recognize a formal “unregistered design right” like some other jurisdictions (e.g., the EU). However, designs can still be protected under copyright law if they qualify as artistic works and meet the originality criteria under the Copyright Act, 1957. This protection is automatic upon creation but is limited to original artistic expression and does not cover functional designs.

Enforcement of rights over unregistered designs under copyright requires proof of originality and authorship and is more difficult if the design has been independently recreated by another party.

Our experienced intellectual property solicitors specialize in both unregistered and registered design rights, offering tailored strategies to protect your creative assets across industries like fashion, technology, and manufacturing. From assessing eligibility for registration to enforcing your rights against infringement, we provide comprehensive support to ensure your designs remain secure. Contact us today to learn more about safeguarding your intellectual property or explore our services in Copyright, IP Contracts, and IP Disputes.

Registering your design offers significantly stronger protection compared to relying solely on copyright. Key benefits include:

• Exclusive rights for up to 15 years.
• Easier enforcement without needing to prove copying.
• Protection against both deliberate and independent imitation.
• Ability to license or sell the design rights.
• Our Expertise in Design Registration and Enforcement

At IPtractus, we specialize in guiding clients through the entire design registration process under the Designs Act, 2000. Our services include:

• Assessing eligibility of your design for registration.
• Preparing and filing applications in compliance with legal requirements.
• Representing clients in opposition proceedings or infringement cases before the Designs Office and courts.

Advising on enforcement strategies, whether through cease and desist notices, settlement, or litigation