The appearance of the whole or a piece of the product is protected by registered design. Lines, colours, shapes, textures, decoration of materials, packaging, and graphics are all examples of this. It can protect everything from intricate industrially produced things to unique handcrafted products. Let’s talk about whether the design registration is worth it in India.

The cost of registering a design in India is low, the process is simple, and it takes less time, making it a viable option for businesses. The number of design registrations is steadily increasing, which is always top-notch information for India’s economy. The sole disadvantage is that, in comparison to the lifetime of protection provided by copyright, a design registration covers a specific design for just ten years, which can be renewed for another five years.

India is no stranger to the bogus business (a leisurely walk in the vicinity of any street market in India would show the scope and magnitude of this industry), which poses a severe threat to the country’s consumers and costs the government billions of dollars. Many well-established enterprises rely on their consumers’ faith in them to sell goods that are only recognisable by their appearance to the naked eye and thus run the potential for counterfeits having the same appearance being manufactured and sold by their competitors. This is where registering a design provides 360-degree protection against imposters.

To Get Valid Protection, the Design Must:

Stand Out: In the EEC, you must apply to register the design before it is made public (for example, by posting it on a website), and nothing else like it must exist. The Designs Act 2000[1] governs design registration in India and grants registered designs ten years of protection.

Have a Distinct Personality: This means that the product’s “overall impression” of relevant facts must be distinct from the appearance of other known designs, which is where the amount of “design freedom” will be considered. To put it another way, you can’t defend a car just because it seems to be aerodynamic and has four doors and wheels, headlights, and bumpers – all of which are well-known and well-used.

The worth of Design Registration:

By registering a design, the owner acquires the exclusive right to prevent others from wrongfully copying or replicating it. This checks out since it expands a company’s seriousness and usually results in more pay in at least one of the following ways:

• Registration protects a design from being copied and copied by competitors, giving you a competitive advantage.
• Industrial designs are corporate resources that can raise the economic worth of a company and its products; thus, registering a valuable design can help you get a good return on your investment. The higher the value of a design to the company, the more successful it is
• For a charge, a registered design could be promoted further or licenced to other parties. You may be able to penetrate markets that you would otherwise be unable to serve by licensing them.
• Design registration promotes fair competition and ethical business practices, which in turn promotes the manufacture of a wide variety of aesthetically appealing things.

Pros and Cons of Design Registration:

Following are the Pros and Cons of Design Registration:

Pros of Design Registration:

1. Exclusivity and Legal Protection:

The legal defence that comes with design registration is perhaps its greatest advantage. After your design is registered, you have exclusive rights for a particular period of time. This suggests that no other person will sincerely hope to copy or use your design without your consent. You reserve the right to bring legal action against those who violate your design.

2. Use of Design Registration to Prevent Infringement:

Design registration roughly corresponds to an impediment to the violation. People are not as likely to replicate your plan, assuming they know that it is protected by legislation. They do this since they know that, assuming they do, you reserve the option to sue them.

3. Economic Benefits of Design Registration:

Additionally, there can be financial benefits from design registration. You can charge others to license your design if you have exclusive rights to it. This could provide your company with a consistent flow of revenue. Also, if you ever decide to sell your company, having a legally protected design can help it attract a higher price.

4. Building Brand Identity and Reputation:

You can build your brand’s reputation and identity by registering designs. At the point when your design is protected by law, it knows who you are from your opponents and shows that you are focused on quality and creativity. This can help you in acquiring fresh customers in addition to a strong following.

5. International Protection:

Design registration can protect your design globally if you want to carry out business in other countries. This can help you avoid legal issues and defend your intellectual property rights abroad.

6. Use of Design Registration to Secure Investment:

Design registration can help you get money in a situation where you are looking to put money into your company. Financial backers are more inclined to subsidise a company that has intellectual property rights that are legally protected.

7. Protection against counterfeiting:

Design registration can provide a defence against imitation. Since your design is protected by law, it is easier to spot and stop counterfeiters who attempt to use it without your permission.

Cons of Design Registration:

While there are many benefits to design registration, there are moreover a few drawbacks that you should think about before deciding to register your design.

• Time and Cost involved
• Possibility of Rejection
• Limited Protection and Exclusivity in some cases
• Restricted duration of protection

Is Design Registration worth it?

Following a conversation about the pros and cons of Design Registration, we can now evaluate if the design registration is worth the effort. A helpful tool for preserving the intellectual property of businesses and artists is design registration. It provides a valid defence and exclusivity, which can stop others from making use of, stealing or copying the design. This can provide the owner of the design with an upper hand and assist with saving the worth of the design. Additionally, design registration can be used to prevent strangers from violating, which can be expensive to persevere in fighting the courts. It can further help with building brand identity and reputation by giving a level of authenticity and recognition to a design.

While determining if design registration is beneficial, there are a few drawbacks to think about. There is no confirmation that the process will be recognised, and it quite possibly could be expensive and tedious. The worth of the design, the likelihood of a violation, the cost and the time related to the registration, and some parts that need a certain quantity, irrespective of whether the registration of a design is beneficial. Design registration can be an ingenious theory for some companies and designers who put a high value on their designs or who face a high risk of violation. However, some people may need assistance finding it necessary or beneficial.

Conclusion:

While design registration has a number of benefits, it’s crucial to remember that different IP bodies have different requirements and processes for design registration. While the World Intellectual Property Organization (WIPO) may have set morals, there are regulations specific to the Indian Patent Office (IPO). Therefore, it’s a good idea to familiarise yourself with all of a government’s rules and regulations before applying for design registration.

FAQs

1. When should I file to register my design?

File for enrollment as soon as possible since the very first party to file has priority.Prompt filing produces your claim and further guides others to avoid exploiting your work.

2. What length of time does a design registration last?

Design registrations are limited to ten years. Timely renewal and maintenance are necessary for continual protection.

3. What if my registered design is violated?

Keep track of the marketplace for potential violations and take legal action if necessary. Becoming active in enforcing your rights is necessary to protect your intellectual property.

4. What makes a registrable design?

A registrable design must be original or new rather than an adaptation of a current design.It should have visual appeal to the eye alone.

5. What visual representations are necessary for registration?

Clear and detailed drawings, photos or CAD designs are usually necessary.This should show the design from a variety of perspectives.