In today’s market, innovation and uniqueness are everywhere, and these are the key factors in differentiating a product from the rest; therefore, protecting your unique design is essential. It safeguards intellectual property, strengthens credibility, and makes it a valuable asset for businesses and designers looking to protect their creative work. In India, design registration applies to both three-dimensional features, such as the shape or structure of a product, and two-dimensional elements, like patterns or decorative designs.
In this blog, we will explore the meaning, eligibility criteria, and process of design registration along with its validity.
What is a Design?
In common parlance, design is the way something looks and feels. It includes the shape, pattern, and decoration of an object, which makes it unique, visually appealing, and distinctive from the rest. According to Section 2(d) of the Designs Act of 2001, design refers to a characteristic feature of shape, figure, or blueprints, or composition of lines, hues, pattern, configuration, composition, or ornament of lines or colours or a combination thereof, that are added to an article.
Conditions for Design Registration
The Design must meet the following conditions in order to be eligible for registration and protection under the Design Act, 2000:
- The Design must be new, original, distinct, fresh, and creative. It should not be a copy of an existing design.
- The design should not have been published, used, or made available to the public in India or anywhere else before the application date.
- The design should relate only to the shape, pattern, configuration, or ornamentation of an article and must be purely visual, without any technical or functional aspect.
- The design must be applied to an article and should be visually noticeable in its final manufactured form.
- The Design should not contain anything obscene, offensive, or against public morality and order.
- The design must be applied to a tangible product that can be produced through an industrial process, not just an abstract idea.
- A design cannot be a trademark, artistic work, or logo already protected under copyright or trademark laws.
Exclusions from Design Registration
Not all designs qualify for registration under the Designs Act 2000. The following are expressly excluded from design protection:
- Creative Works: Books, calendars, stamps, tokens, artistic paintings, sculptures, and other literary or artistic works are protected under the Copyright Act, 1957, and do not require design registration.
- Architectural Structures: Buildings, bridges, and other architectural constructions are not eligible for design registration.
- Geographical Representations: Maps, charts, and topographical depictions do not qualify for design protection under the relevant laws.
- National Symbols & Emblems: Any design that imitates or is based on national flags, official symbols, or government insignia cannot be registered.
- Functional Features: Designs that are purely functional, mechanical, or dictated by technical needs rather than aesthetics are not eligible.
- Trademark or Branding Elements: Logos, brand names, and trademarks are already protected under the Trademark Act, 199, and they cannot be registered as designs.
Who Can Apply for Design Registration?
As per the Designs Act, 2000, the following entities are eligible to apply for design registration in India:
1. Any Person:
The term “person” includes:
- Individuals
- Companies
- Firms and Partnerships
- Body Corporates
- Legal Representatives and Assignees
2. Joint Applications:
If two or more persons create a design, they can apply for registration jointly as co-owners.
3. Foreign Applicants (NRIs & Foreign Entities):
- Non-resident Indians (NRIs) or foreign applicants must apply to an authorised agent or legal representative in India.
- Foreign entities can apply under reciprocal arrangements if their home country provides protection similar to that of Indian applicants.
Categories of Design Registration Applications
In India, design registration applications are classified into two categories:
- Ordinary Application: This is a standard application without any claim to priority.
- Reciprocity Application: If you’ve previously filed a design application in a convention country, you can claim priority in India by filing within six months of the original filing date. This six-month period is strict and cannot be extended.
Design Registration Process in India
Follow the steps below for Design Registration in India:
Step 1: Search Design to check if a similar design already exists
Step 2: Prepare the Application
Prepare the application and gather the necessary documents such as:
- Application Form (Form-1)
- Design Representations
- Statement of Novelty
- Power of Attorney (if applicable)
- Priority Document (if applicable)
Step 3: Submit the Application
Step 4: Examination Process
The Indian Design Office will review the application to ensure it meets all requirements. If any objections or issues arise, the applicant must respond promptly with corrections or clarifications.
Step 5: Publication in the Official Journal
If the application is approved, the design will be published in the official gazette, giving the public a period to raise objections.
Step 6: Design Registration and Certification
If no objections are received or if objections are resolved, the design is registered and a registration certificate is issued. The initial protection lasts for 10 years.
Step 7: Renewal of Registration
After 10 years, the registration can be renewed for an additional 5 years by paying the renewal fee prior to expiration.
Validity of Design Registration in India
- A registered design in India is valid for a period of 10 years
- It can be renewed for an additional 5 years by paying the renewal fee before expiry.
- If the renewal fee is not paid on time, the registration will lapse. However, renewal can still be requested within one year after expiry by submitting a restoration application.
- Once the restoration application is approved, the applicant must pay the necessary fees to reinstate the design.
Conclusion
Furniture, clothing, equipment, and gadgets can all have their visual identities protected through design registration under India’s Designs Act, 2000. Entrepreneurs can enhance brand value, prevent infringement, and generate revenue from their innovative visuals by securing exclusive rights for up to 15 years. India’s standing in international design protection has been further strengthened by recent legislative updates and international treaties, such as its participation in the Hague. However, thorough prior-art searches and careful application preparation are essential for successful design registration.
