Design registration in India under the Designs Act 2000 protects the features of shape, configuration, pattern, ornament or composition of lines or colours applied to any article by any industrial process or means that in the finished article appeal to and are judged solely by the eye.
An application for design registration is filed on Form 1 with the Design Wing of the CGPDTM, classified under the Locarno Classification. The design must be new or original, must not have been published or used in India before the filing date, and must not be a mere mechanical contrivance. If the design is not prior-published and meets the statutory requirements, the Controller registers it. Registration confers a monopoly for an initial period of ten years, extendable by a further five years on payment of the extension fee. The proprietor of a registered design has the right to bring infringement proceedings under Section 22.
AMLEGALS advises on design protection strategy, including the interplay between design registration and copyright protection (since Section 15(2) of the Copyright Act 1957 extinguishes copyright in a design capable of registration once it has been reproduced more than fifty times by an industrial process). The practice covers filing, opposition, cancellation proceedings under Section 19 and enforcement.
Evaluating the novelty of the design through prior-art searches and advising on registrability.
Preparing and filing Form 1 with representations, classifying under Locarno and managing examination.
Claiming convention priority under the Paris Convention for designs first filed abroad.
Defending or initiating cancellation petitions under Section 19 before the Controller.
Advising on and prosecuting or defending design infringement proceedings under Section 22.
Advising on the interplay between design registration and copyright under Section 15(2) of the Copyright Act 1957.
Under the Designs Act 2000, a design means the features of shape, configuration, pattern, ornament or composition of lines or colours applied to any article by any industrial process or means, whether manual, mechanical or chemical, separate or combined, which in the finished article appeal to and are judged solely by the eye. The design must be new or original and must not include a trademark, property mark, or artistic work under the Copyright Act 1957.
Initial registration is for ten years from the date of registration. It can be extended by a further five years on filing Form 3 and paying the prescribed extension fee before the expiry of the initial period.
A patent protects the functional aspects of an invention — how something works. A design protects the aesthetic or ornamental aspects — how something looks. A single article may be the subject of both a design registration (for its appearance) and a patent (for its functional mechanism), but the two rights protect different aspects.
A design that has been published or disclosed to the public in India before the date of the application (or the priority date, if applicable) is not registrable. Disclosure at an officially notified exhibition may be excepted under Section 21 if the application is filed within six months.
Design piracy refers to the unauthorised copying or imitation of a registered design. Section 22 of the Designs Act 2000 provides the proprietor with the right to institute a suit for infringement in a District Court, seeking an injunction, damages or an account of profits and delivery up of infringing articles.
No. No engagement is treated as accepted until conflicts, scope and terms are confirmed in writing.
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