1. The Design Register be maintained by the Export Promotion Council For Handicrafts through its own means where the EPCH has sole objective to create awareness amongst its member Exporters only and to facilitate them to register their design/products/material/article prepared or to be prepared/created or to be created/owned by them under the Design Register at EPCH.
2. That a design/product registered under Design Register at EPCH shall always be having Prerogative to establish its claim during all activities/events of EPCH whether in India or abroad among EPCH members only.
3. The EPCH will provide confidentiality in relation to the Application maintained by the members at EPCH.
4. The Application should be duly filled and signed in all respect.
5. To get the benefit of Design Register, the members should must have/be:
i) A bonafide member exporter of EPCH
ii) The member applying must be the proprietor of any new or original design;
iii) A member must have a valid membership of EPCH;
iv) The member must not have any dues with EPCH;
v) The application can be filed alone or by his duly authorised assignee member;
6. Conditions for Registering any Design:
(i) Every application shall be in the prescribed form and prescribed manner and shall be accompanied by the prescribed fee.
(ii) A design must not be registered in more than one class
(iii) Separate fee for each design i.e. Single design, single registration fees; for registering in different class, a separate registration fees, per class, per design, need to be submitted.
(iv) A design may be registered in respect of any or all of the articles comprised of a prescribed class of articles.
(v) Design must be novel and not a copy (EPCH shall not be final body to decide the novelty of the design)
(vi) has not been disclosed to the public anywhere in India or in any other country by publication in tangible form or by use or in any other way prior to the filing date, or where applicable, the priority date of the application for registration;
(vii) is significantly distinguishable from known designs or combination of known designs;
(viii) can file drawings of his/her article/product that are as close as possible to the actual articles that one will be selling, i.e. not drawings of the initial prototypes. Any such prototypes be mandatory be developed with 30 days otherwise the Applicant shall have no rights. In such case, if the same is not developed then the reference number generated be automatically becomes invalid on expiry of 30 days.
(ix) The rights on the design of any member designer shall be recognized from the date of application made with EPCH under the design register.
7. Disclosure made at time of Application:
At the time of filing of Application under the design register at EPCH, it has to be disclosed by the Applicant/user that the applied design has been conceptualized/prepared by:
i) Applicant Member Exporter in the form Declaration/Affidavit duly notarized on Stamp paper of Rs. 10/- or on its own letter head. This Declaration/Affidavit required only once while making first time registration at the online portal of Design Register at EPCH.
ii) Through his/her artist/designers/any other entity, who exclusively worked for that member exporter and all rights of the applied design vest in the present Applicant and he/she has right to commercially exploit that design.
iii) Declaration regarding the specific date on which the complete product has been finally conceptualized and an end product has taken its shape before it’s commercial exploitation or before coming to any public domain by any means. Any prototypes be developed within 30 days from date of first Application.
iv) That the entire process be in two tier system, in Tier-I, the member has to register themselves by making payment of Rs. 1000/- towards registration fee of membership and has to comply with all other terms as per Declaration/Affidavit.
Under Tier-II the member can apply their product/items for registration where Rs. 10 payable for per item/product claimed be his design.
8. The Design Register at EPCH is totally separate and different from the Registration of Design by the Office of Controller General of Patents, Design and Trade Marks and the same will not in any supersedes the Office of Controller General of Patents, Design and Trade Marks. Design Register at EPCH is only to facilitate their members
9. Any design/product which has been registered under the Design Register of EPCH along with picture and all other features as mentioned under the Application Form, assumed to be a product that is neither been registered earlier with EPCH. If the design already registered under any Act, then the concerned person/organization should notify the EPCH from time to time about the registration.
10. That the EPCH will not be the body to adjudicate in detail regarding dispute in the matter of design that whether same is novel or not, copy of other or not etc.
11. That the representation sheet of an article needs to be prepared diligently and shall be filed along with the application;
12. That the Representation means the exact representation of the article for which design is to register. A representation may contain more than one page;
13. That the applicant shall keep in mind the requirements of an Examiner to visualize the design and distinguish the same from any probable prior art.
14. When a design is registered, the registered proprietor of the design shall, subject to the provisions of this Design Register, shall always be kept confidential and the same shall be valid for three years from date of its registration unless the same be renewed with EPCH.
15. That to register on the site available for the filling design application, one has to pay Rs. 1000/- (Rupees One Thousand Only) registration charge by making a payment wallet. After membership registration on site, registration charge of Rs. 10/- (Rupees Ten Only) shall be charged per item/product per Application. The present be subject to revision by the EPCH at its sole discretion.
16. That the EPCH can frame/amend any rules/regulations/guidelines of the Design Register at EPCH alongwith other.
17. That the EPCH shall have right to collect the registration fee and other charges. Any fee or charges paid non-refundable.
18. That the EPCH shall not be liable for lapse on the part of any payment gateways while making any payment. Parties will regulate by the terms of payment gateways.
19. No product be uploaded unless minimum prescribed fee be made.
20. The products which is already be commercially used or exploited will have no right to claim any protection and fee paid against this is non-refundable.
21. Rules of the EPCH design register be also applicable during the foreign shows on their members including with rights to penalise or to close the stall or removal of those products etc.
22. Any conflict relating to design register be resolved by the Conflict Resolution Committee. The decision of the Conflict resolution committee will be final in case of any conflict.
Parties shall hold in strictest confidence and shall not use for their personal benefit, or publish, or disclose, communicate or divulge to, or use for the direct or indirect benefit of any person, , any confidential information of the other Party which is disclosed and/or which such Party becomes aware of while working under here.
The obligation of the parties to keep confidential information confidential shall continue for indefinite period, even after the termination or expiration of the present arrangement.
The EPCH shall not defend, indemnify and hold harmless the other party and its officers, directors, employees, Clients, agents and other affiliates, from and against any and all damages, costs, liability, and expense whatsoever incurred by reason of any failure on the part of the EPCH and further not liable for any loss to its business.
26. Dispute Resolution:
In case any dispute or difference arises between the Parties with regard to the terms and conditions mentioned herein and services covered or relating to the interpretation thereof, which cannot be mutually resolved, the same shall be referred to the Sole Arbitrator, appointed by the Chairman of the EPCH. The expenses in relation to the arbitration proceeding be shared equally between the parties. Such arbitration shall be in accordance with the provisions of the Arbitration and Conciliation Act, 1996, or any statutory modification or re-enactment thereof for the time being in force, which shall take place at New Delhi in English language. The Parties agree that the arbitration award shall be final and binding on the Parties.
28. That the Court in Delhi, alone shall have exclusive jurisdiction in all matters arising out of, touching
and / or concerning this transaction.
Refund and Cancellation
There is no policy of refund and cancellation in design registration process.