What is Design Registration?
A design refers to the features of shape, configuration, pattern, ornament, or composition of lines or colors applied to any article, whether in two or three dimensions, by any industrial process. Design registration under the Designs Act, 2000 protects the ornamental or aesthetic aspects of a product, distinct from its functional or technical features.
Design registration grants the owner exclusive rights to apply the design to any article in the class in which it is registered. This protection encourages innovation in product appearance and prevents unauthorized copying of distinctive designs.
Key Characteristics of Design Protection
- • Protects only visual appearance, not technical function
- • Must be applied to an article by industrial process
- • Must appeal to the eye (aesthetic element required)
- • Novelty requirement - must be new or original
- • Limited term of protection (10+5 years)
- • Separate registration required for each design
Design vs Patent vs Copyright
| Aspect | Design | Patent | Copyright |
|---|---|---|---|
| What is Protected | Visual appearance | Invention/technical solution | Original creative expression |
| Duration | 10+5 years | 20 years | Lifetime + 60 years |
| Functionality | Not protected | Fully protected | Idea not protected |
| Examination | Substantive | Rigorous substantive | None (automatic) |
Eligibility and Requirements
To be registrable under the Designs Act, a design must satisfy several statutory requirements:
Essential Requirements
1. Novelty and Originality
The design must be new or original. It should not have been previously published or used in any country before the application date. The design should not be disclosed to the public anywhere in the world.
2. Applied to an Article
The design must be applied to an article. An "article" means any article of manufacture and includes any part of an article if made and sold separately.
3. Appeal to the Eye
The features of the design must appeal solely to the eye. This means the design must have visual appeal and be judged by the eyes of the customer.
4. Industrial Application
The design must be applied to an article by any industrial process. Hand-crafted artistic works are generally not registrable as designs.
Who Can Apply
- • The author/creator of the design
- • The person who has acquired the design from the author
- • The employer if design created in course of employment
- • Assignee or legal representative of deceased author
- • Foreign applicants (India is member of Paris Convention)
Classification of Designs
Designs are classified according to the Locarno Classification. India follows the international classification system. Common classes include:
- • Class 01: Foodstuffs
- • Class 02: Articles of clothing and haberdashery
- • Class 06: Furnishing
- • Class 07: Household goods
- • Class 08: Tools and hardware
- • Class 12: Means of transport
- • Class 14: Recording and communication equipment
- • Class 21: Games and toys
- • Class 25: Building units and construction elements
Designs Not Registrable
Section 4 of the Designs Act specifies designs that cannot be registered:
Not New or Original
Designs that have been previously published or used in any country, or designs that are not significantly distinguishable from known designs.
Contrary to Public Order
Designs that are contrary to public order or morality, or designs that are prejudicial to the security of India.
Functional Features
Features that are dictated solely by the function the article has to perform. Mere mechanical devices are not registrable.
Interdependent Design
Designs that depend upon the appearance of another article of which the article is intended to form an integral part.
Designs Covered by Other IP Rights
A design is not registrable if it is: 1) A trademark protected under the Trade Marks Act, 2) A work of artistic craftsmanship eligible for copyright, 3) A layout-design of integrated circuits protected under Semiconductor Act. However, a design that is not registered under any other law may still be registered as a design if it meets the requirements.
Application Process
The design registration application process involves several steps from preparation to submission:
Step-by-Step Process
Step 1: Novelty Search
Conduct search on the Designs E-Registry to ensure design is new. Check existing registrations and published designs in the same class.
Step 2: Prepare Representations
Prepare clear representations of the design: 4 views (front, back, top, side) or photographs. Views must show all features of the design clearly.
Step 3: Classify the Design
Identify the appropriate Locarno Classification class for the article to which the design is applied.
Step 4: Complete Form 1
File prescribed Form 1 with applicant details, class, article name, and representation of design. Provide brief statement of novelty.
Step 5: Pay Fees and Submit
Pay prescribed fees based on applicant type. Submit application online or at Design Office.
Documents Required
- • Form 1 (prescribed application form)
- • Four representations/views of the design (JPEG/PNG format)
- • Statement of novelty identifying novel features
- • Power of Attorney (if filed through agent)
- • Priority document (if claiming convention priority)
- • Certified copy of assignment (if applicant is not the author)
Government Fees
| Type of Applicant | Application Fee |
|---|---|
| Natural person | ₹1,000 |
| Small entity | ₹2,000 |
| Other than small entity | ₹4,000 |
Examination and Objections
After filing, the application undergoes formal and substantive examination by the Design Office.
Examination Process
- Formal Examination: Check for completeness, proper classification, and correct fees
- Substantive Examination: Assessment of novelty, originality, and compliance with Section 4
- Search: Comparison with existing designs in the registry
- Objection (if any): Examination report issued with defects or objections
- Response: Applicant must respond within 6 months
- Hearing (if required): Oral hearing for contested matters
Common Objections
Lack of Novelty
Design found similar to existing registered or published designs.
Not Applied to Article
Design does not appear to be applied to an article by industrial process.
Functional Features
Features are dictated solely by function rather than aesthetic appeal.
Poor Representation
Views/photographs are unclear or do not show all features of the design.
Responding to Objections
- • File written response addressing each objection
- • Amend representations if required
- • Provide arguments on novelty and distinctiveness
- • Request hearing if dissatisfied with written decision
- • Amend application to overcome objections (limited amendments allowed)
Registration Certificate
If the application is found satisfactory and all objections are overcome, the design is registered and a certificate of registration is issued.
Registration Details
- • Design is assigned a registration number
- • Registration is entered in the Register of Designs
- • Certificate of Registration is issued to the applicant
- • Design is published in the Official Journal
- • Registration date is the application date (or priority date if claimed)
Rights Conferred by Registration
- • Exclusive right to apply the design to any article in the registered class
- • Right to sue for infringement
- • Right to license or assign the design
- • Legal presumption of validity
- • Monopoly over the design for the registration period
Post-Registration Compliance
- • Display registration number on articles (optional but recommended)
- • Maintain records of licenses and assignments
- • File for extension before expiry of initial 10-year term
- • Notify Registrar of changes in ownership or address
Validity and Renewal
Design registration in India is valid for a limited period and requires renewal for continued protection.
Duration of Protection
| Period | Duration | Action Required |
|---|---|---|
| Initial Term | 10 years from registration date | Automatic - no renewal needed |
| Extension Period | Additional 5 years | Apply for extension before expiry |
| Maximum Protection | Total 15 years | Not extendable beyond 15 years |
Extension Process
- • File Form 3 with prescribed fee before expiry of initial 10-year term
- • Extension fee: Same as application fee based on applicant type
- • Late extension possible within 6 months of expiry with surcharge
- • No extension possible after 15 years total - design enters public domain
Consequences of Non-Renewal
If not renewed, the design registration ceases and the design enters the public domain. Anyone can then use the design without permission. The design cannot be re-registered once protection expires.
Design Infringement
Design infringement occurs when any person, without the license of the registered proprietor, applies the design or any fraudulent or obvious imitation thereof to any article for sale.
Acts Constituting Infringement
- • Applying the registered design to any article without license
- • Applying a fraudulent or obvious imitation of the design
- • Importing, selling, or distributing articles bearing the infringed design
- • Knowingly facilitating infringement by others
Remedies for Infringement
Civil Remedies
- • Injunction (interim and permanent)
- • Damages or accounts of profits
- • Delivery up of infringing articles
- • Recovery of profits
Criminal Remedies
- • Fine up to ₹25,000 (extendable to ₹50,000 for second offense)
- • Imprisonment up to 6 months (extendable to 1 year for repeat)
- • Both fine and imprisonment
Piracy of Design (Unregistered)
Section 22 provides remedies for piracy of unregistered designs during the period between publication and registration. The owner can recover damages from any person who pirates the design during this period.