Design Registration
Section 2(d) of The Designs Act’ 2000, defines Design as
- the features of shape, configuration, pattern, ornament or composition of lines or colors applied to any article whether in 2 dimensional or in 3 dimensional or in both forms
- applied by any industrial process or means (whether manual, mechanical or chemical), by separately or combined process
- the furnished article must appeal to naked eye or must be judged solely by the eye.
Proprietor must register the design in order to get the exclusive right to apply such design to any article in the class in which such design is registered. After registration, Proprietor gets the Copyright on the registered Design.
Seek Assistance with Design Registration ProcessBenefits of Designs Registration
- Selling or Licensing registered design for Consideration or Loyalty
- Legal Protection against Infringement (Right to sue)
- Creation of Brand or Goodwill
- Creation of Asset
- Enhances Commercial Value of Article
Duration of Designs Registration
First Registration |
10 years from the date of Registration |
Renewal |
5 years |
Legal Essentials for Designs Registration – Section 4 of The Designs Act, 2000
- New or Original
- Not been disclosed to public anywhere in India
- Significantly distinguishable from known designs or combination of designs
- Not contrary to Public Order or Morality
Designs Registration Process – Chapter 2 of the Designs Act, 2000
- Application for Design’s Registration to the Controller (Section 5)
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- To be filed with Patent Office
- Check the right class in which design is to be registered (specific class)
- Examination of Application
- Examination Report by Controller
- Design Publication
- Registration of Design
Frequently asked questions (FAQs)
Design is defined under Section 2(d) of the Designs Act, 2000. which includes only the features of shape, pattern, ornament, arrangement or composition of colors or lines. It shall be applied on an Article. It can be applied either in two Dimensional (2D) or three Dimensional (3D) or in both forms. It is applied by any industrial process or other means. Click here to read more in detail.
- Applicant’s Declaration that the Design belongs to the Applicant only.
- Affidavits
- Certified Copy of the original Design
- Other Public Documents
- Application in Form 1
- Examination of Application
- Registration of Design
- Publish the registered design
Design initially gets the copyright on the registered design for 10 years from the date of registration. Click here to read more.
As per Section 22, If any person violates the Design Registration by applying the design to any article belonging to the same class of article for commercially exploiting the design without the authorization of Registered person. It is known as Privacy of Design Registration. Click here to read more.
If any person violates the copyright exists in the Design then he shall be liable to pay penalty of Rs. 25,000 to the Registered Proprietor recoverable as a Contract debt. Click here to read more.
- Use and Commercially exploit
- Protect the design from being copied
- Helps to produce
- Monopoly
- Asset
- Encourage the creativity