Design Protection and Registration in India: Safeguarding Aesthetics

Oct 142024

A product or brand’s popularity in the modern cutthroat economic world is largely based on how unique its design is. In addition to grabbing consumers’ attention, a product with an appealing design sets itself apart from the competition. In order to prevent their designs from being copied or stolen, a lot of companies and people in India prefer to register their designs from the best intellectual property law firms in India under the Designs Act, 2000. This article explores the key components of design protection, the process of registering a design in India, and its significance.

What is Design?

In India, a product’s complete look and aesthetics are included in its registered design. In India, design protection starts only after the design has been registered, unlike trademarks, for which registration is not required. Any component given to an item by industrial means, such as a shape, setup, structure, embellishment, or combination of lines or colors, is considered a design. It needs to be visually assessed and can be two or three dimensional. Construction principles, mechanical devices, trademarks, service marks, and artistic works are not included in designs.

Points to be considered prior to Design registration

As stated in Section 4 of the Act, a design must meet several requirements in order to be qualified for registration according to the Designs Act. Some of these requirements are:

Novelty and Uniqueness: A design that is applied for registration needs to be fresh and unique, much like other types of intellectual property. It wasn’t intended to be a copy of anything already written.

Non-Disclosure: By publishing, use, or any other method, the design shouldn’t be disclosed to the general public. It needs to be differentiable from previously published designs, or from a combination of them.

Respect for Public Morality: Nothing controversial or obscene that would insult people’s sensitivities or offend public morals should be included in the design.

Different stages of Design Registration

The registration process, as mentioned in Chapter 2 of the Designs Act, consists of the following stages:

Prior Search: A previous search in accessible databases is necessary to meet the requirements of novelty and originality. This search helps in locating current designs that resemble the one that has been registered.

Application Filing: The Design & Patent Office in Kolkata must receive a request for registration if the previous search found no duplicate drawings. A disclaimer and a declaration of novelty that highlight the design’s originality and enable particular protection should be included in the application.

Examining Stage: After reviewing the application, the Controller of Designs may object if there are any issues or if they are not convinced. Within three months, the applicant has the chance to comment on the findings of the examination.

Acceptance and Publication: The application is accepted if the Controller determines that the response is appropriate. Following that, the design is officially registered when it is published in the Official Gazette.

Validity of Registration

In India, design protection is initially valid for ten years after registration. The term starts on the date priority was granted if priority is claimed. By submitting an application to the Controller and making the required payment, the term may be extended for an extra five years prior to the first time of design expiring.

Registration Fees

In India, the cost of design registration varies according to the kind of applicant. The charge is Rs. 1000 for natural individuals, small entities, and startups; it is Rs. 4000 for other entities. The detailed registration fees could be know from the patent authority or from the design registration website