Designs

Basics

  • Industrial Designs are the features of shape, configuration, pattern, ornament or composition of lines or colours applied to the product which makes it look different from other articles in the market.
  • The purpose of industrial designs is to add on to the aesthetic value of the product to increase the marketability while making our life easier.
  • The Designs Act 2000 governs the provisions relating to designs in India and specifically mentions that the design to be registered must be visible on the finished article.

What can be registered as Design in India?

For a design to get registration, it should have the following features:

  • New – Must be new. A new design does not necessarily mean a completely new one, it can also be the application of a pre-existing design to a particular product for the first time.
  • Original.
  • Not Disclosed to public –  It is imperative that the design must not have been published or disclosed anywhere else in the world before filing of registration.
  • Distinct.
  • Not against public morality.
  • Not Functional in Nature – If any product has any functional feature without which the use of that product is not possible then the design of that functional aspect cannot be registered.

What cannot be registered as Design

    • Book covers
    • Calendars
    • Certificates
    • Medals
    • Greeting Cards
    • Postcards
    • Documents
    • Forms

The inside arrangements of a a product (say money purse, box or analmirah, etc.) are not designs under the Act as their design is not visible at the surface when put on display.

Benefits of Registration

  • Adds to aesthetic value of a product.
  • Increases marketability of a product.
  • Design registration can be used in Court.
  • Provides an exclusive right in the market hence establishes a better license position.

Term of Design

The design protection is provided for 10 years. The period of protection is extendable to 5 years after the expiry of 10 years’ duration.

Piracy of a design means the application of a design or its imitation to any article belonging to class of articlesin which the design has been registered for the purpose of sale or importation of such articles without the written permission.

Publishing such articles or exposing terms for sale with knowledge of the unauthorized application of the design to them is piracy of a design. As a responsible member of the society, refrain from any such unauthorized use.

The Designs Act requires for establishment of an office to be called the Design Office. The Design Office is currently located at Kolkata.

 
Last Updated/Reviewed on Jan 11, 2018 @ 1:24 pm
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