What is Design?

Design refers to the features of shape, configuration, pattern, ornamentation or composition of lines or colours applied to any article, in two or three dimensional forms.

Designs do not include any mode or principal of construction or anything which is meager mechanical device. It does not include trademark or any artistic work.

Design registration Act protects only designs that are aesthetic in nature. They may be decorative elements added to the article or they may be part of configuration or shape.

Originality and novelty are the important criteria in a design for registration. Additionally, only those designs that are applied to an article by an industrial process will be protected. The designs act, 2000 and the designs rules, 2001 govern the design registration in India.

Benefits of Design Registration

The design registration in India confers upon the registered proprietor the exclusive right to apply a design to the article in the class in which the design has been registered.

A registered proprietor of the design is entitled to a better protection of his intellectual property.

He can take legal action for infringement, if his right is infringed by any person.

He can sell or license his design as legal property for a royalty or consideration.

The main purpose of design registration is to see that the artisan, creator, of originator of a design having an aesthetic look is not deprived of his genuine reward by others applying the same look to their goods.

Essential requirement for registering design is that the design should be new or original, which is not previously published or used in any country before the date of application for registration.

Renewal of Designs

The registration of designs is valid for 10 years from the date of application or date of priority whichever is earlier. This duration may be extended by another 5 years on filing an application for extension of copyright before the expiry of the said period of 10 years.

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