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Questions You Want To Know
Design Patent is the form of Intellectual property protection granted on an ornamental design of a functional item. It is otherwise known as Industrial Design in India, Design Patent in the United States and Design Rights in European countries.
Design Patent enforcement is necessary to protect an exclusive ownership over the design, which you have invented. It helps you to protect the design from being infringed by any other person in the competitive market.
To enforce your design rights, you need to go ahead with the takedown notice. This is the process by which a request or notice will be sent to the ISP or OSP (Internet Service provider or Online Service Provider), to stop the infringer from infringing your design patent. It is always advised to take an expert opinion before proceeding further.
The minimum time period for filing of takedown notice is 24 hours to the maximum of 7 days. However, it varies depending upon our different packages for takedown service.
Enforcement is done by sending the takedown notices to the hosting provider or to the infringing websites or to the e-commerce platforms such as Amazon, eBay, Alibaba etc.
In most countries, the design is protected through registration and in some countries, unregistered designs are also protected. It depends on the national laws of various countries for enforcement. But it is highly advised to go for a design patent registration before enforcement.
You will get to know that your design patent is infringed by conducting a violation search, which can be provided by us. The violation search conducted by us takes note of violations in various search engines and also in various E-commerce and Social Networking Sites.
For enforcement of your design patent, your design must fulfill certain criteria such as; first you should have a registration over your design patent. Second, the jurisdiction of yours and the infringer of your design patent for which you want to enforce your rights must be the same. Thirdly, the aesthetic look of your design must be similar with the design of the infringer, by which an ordinary consumer will get confused between your design and that of the infringer.