Design Registration in India is the legal process through which the aesthetic or visual appearance of an article is protected under the Designs Act, 2000. It provides exclusive rights to the creator or owner of the design, ensuring that others cannot copy, reproduce, or use the design without permission.
The Designs Act, 2000 protects the form, configuration, pattern, ornament, or composition of lines or colors applied to any article that gives it a unique and distinctive appearance.
The design must be original and unique, applied to an article, and have a distinct visual appearance. Some examples of what can be registered include:
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Shapes of products (e.g., a unique bottle design).
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Patterns or lines applied to clothing, fabric, or other products.
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Surface ornamentation like color, texture, and designs on a product (e.g., a decorative pattern on a chair or a logo on a product).
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Configuration of a product (e.g., the appearance of a mobile phone or the design of a car dashboard).
Note: The design must be related to the shape, configuration, pattern, ornament, or composition of an article and not to the functionality or technical features of the product. The design must be primarily aesthetic rather than purely utilitarian.
Not everything can be registered as a design. Exclusions include:
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Ideas or concepts: A design must be a visual representation, not just an idea.
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Functional aspects: If the design is related to the technical or functional features of an article, it cannot be registered.
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Offensive or immoral designs: Designs that are offensive to public order or morality are not allowed.
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Commonplace designs: Designs that are common or lack novelty.
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Originality: The design must be novel and not previously used or published.
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Novelty: It must be new and distinct from existing designs.
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Industrial Application: The design should be capable of being applied to an article that is manufactured and sold in the market.
Here are the steps to register a design in India:
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Step 1: Prepare the Application
The applicant must prepare the application, which includes:
- The name of the article.
- The class under which the design falls (based on the type of article).
- Drawings or representations of the design (in the required format and specifications).
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Step 2: File the Application
The application can be filed online or offline at the Office of the Controller General of Patents, Designs, and Trademarks (CGPDTM). The application should include:
- Form-1 (for registration of design).
- Fees (based on the number of designs being registered).
- A representation of the design in 3 views (front, top, and side) along with any detailed descriptions.
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Step 3: Examination by the Design Office
After filing, the Design Office examines the application for compliance with the legal requirements. This includes checking for novelty and originality.
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Step 4: Publication of Design
Once the application is accepted, the design is published in the Designs Journal. After publication, the design is protected for a period of 10 years from the registration date.
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Step 5: Issuance of Registration Certificate
If the design meets all the requirements, the Design Office issues a registration certificate, granting the owner exclusive rights over the design for a period of 10 years (with the possibility of renewal for an additional 5 years).
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The registration of a design is valid for 10 years from the date of registration.
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After the initial 10-year period, the design can be renewed for an additional 5 years, making the total maximum protection period 15 years.
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The registered owner of the design has the exclusive right to use the design and prevent others from using, making, selling, or distributing products with the same or similar design without permission.
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The owner can license the design to others for commercial use.
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In case of infringement, the design owner can take legal action against unauthorized use or copying of the design.
If someone uses, copies, or reproduces a registered design without permission, it constitutes design infringement. The owner can take action through:
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Civil remedies (e.g., injunctions, damages).
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Criminal remedies (in case of willful infringement, which can result in fines or imprisonment).
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Exclusive rights: Protection against unauthorized copying or imitation of your design.
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Commercial value: Enhances the market value of your product and brand.
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Licensing opportunities: The design can be licensed to others for a fee or royalty.
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Global protection: Through international treaties, like the Hague Agreement (under the WIPO), Indian design registration can be extended to other countries
