How to copyright design in India?

A company or an individual gets a complete ownership to use its work in any way it wishes through copyright. Copyrighting protects your content to be copied by other websites or companies. When you develop something on your own you automatically get the copyright to your work. Some of the works that are eligible for copyrighting include visual works, recordings of sound, writing content such as articles, magazines, blogs etc. 

To copyright design in India you need to follow the following steps

STEP I : Create a unique design

You need to first make a tangible representation of your design. This representation must include all the elements of your design. It should have the exact model you want in your design. The design you make on pen and paper should be properly illustrated and should be understandable.

If you are creating a design for a book cover, you have to draw your design either visual or tangible. It should cover all the elements of your cover page.

STEP II : Filling of application

It is absolutely necessary for a company to fill the application online. Nobody can fill the application offline. The online application consists of several particulars that need to be filled by the company. The particulars include the following –

  • Information regarding the owner of the copyright
  • What type of work is to be Copyrighted ; description on that
  • Year of publication and information on work publication in India
  • Information regarding the original work

In case the applicant and owner are two different persons then its vital to send a notice after filling of the application of copyright to the owner. The application process is completed after acquiring a certificate proving the design’s uniqueness from the trade marks registrar.

STEP III : Examination of the application submitted

The application is examined and evaluated thoroughly by the registrar of copyright. In the evaluation process the registrar checks and verifies the details submitted by the applicant in the application. This evaluation gives a second chance to applicant to correct whatever he has wrongly filled.

STEP IV : Copyright registration

During the examination process if the registrar meets any defaults in the application the applicant is provided with an opportunity to give a written response to the office objection. The application is moved further only if the registrar is satisfied with the response. The owner receives an extract of copyright registration after the successful completion of the procedure.

The procedure of the copyrighting design may take 8-10 months minimum. In case of applications having defaults it can even take longer.

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