What rights do I get???
The only requirement for a design to be registered under the Act is that the design should be appealing to eyes and has not been published before with regard to that particular product in same sense.
The very beauty of The Designs Act lies here. In most circumstances it prevents violation of copyright when a design finds varied application. I feel you would get clarity from the famous case decided by Gammeter v. Controller of Patents and Designs, ( AIR 1919 Cal.887 ) .
In the said case design of a metal band called ‘Novelty band’ was intended to attach a watch to wrist, was similar in shape and configuration to a bracelet previously manufactured for ornamental purpose. The court allowed the same holding that “ a design in order to be new or original within the meaning of the Act, need not be new or original in the sense of never having been seen before as applied to any article whatever, there might be a novelty in applying an old thing to a new use, provided it is not merely analogous.”
So, if you have a design with you. Let us help you to get it registered, contact us through contact page.