Basics
What can be registered as Design in India?
To qualify for registration, a design must:
Be new or original (not necessarily entirely new—can be a novel application of an existing design to a product).
Be visually distinct and not previously disclosed to the public
Be non-functional, i.e., the design must serve an aesthetic purpose, not a purely functional one.
Not be immoral or contrary to public order.
What cannot be registered as Design
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
Enhances the aesthetic appeal of the product.
Boosts marketability and consumer preference.
Offers legal protection and can be enforced in court.
Grants an exclusive right to use the design, improving licensing and commercial opportunities.
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.
