Design registration offers a shield for your unique design, classifying it as intellectual property and ensuring it’s safe from imitation. It grants the creator exclusive rights to use the design for a decade, possibly extending it for an additional five years. At ASK Associates, we guide you through the design registration process, ensuring your creations are protected, and your rights are upheld.

Reach out to our experts today and make the registration process smooth and hassle-free.

Design Registration – Governing Law

The Designs Act, 2000, governs design registration and protection in India, and the subsequent Design Rules were introduced in 2001. The introduction of the Designs Act in 2000 served to repeal and supplant the earlier Act from 1911.

The Design Rules of 2001 have undergone amendments, with significant changes made by the Designs (Amendment) Rules in 2008 and 2014. A noteworthy update in the rules under this Act has been the addition of a new applicant category. This new category recognizes ‘small entities’ as distinct applicants, in addition to individual or natural persons.

Definition of a Design

As per Section 2(d) of the Designs Act 2001, a design is characterized as the distinctive features encompassing shape, pattern, configuration, composition, or ornamentation formed by lines or colors. This can be applied to any article, whether two-dimensional, three-dimensional, or a combination of both. The application can be achieved through various means, including industrial processes, whether mechanical, manual, or chemical, used separately or in combination. However, the defining factor of a design is its visual appeal when viewed in the final product, solely judged by the eye. It’s essential to note that the design does not consider the underlying construction principle or anything that is essentially a mere mechanical contraption.

Basic Requirements of Design Registration

To register and safeguard a design under the Design Act, 2000, the following core criteria must be met:

1. Innovation Element: The design should possess a fresh and unique aspect. Only designs with this innovative trait are eligible for registration. Furthermore, combinations of existing designs can be considered, but only if the result presents a distinct visual appeal.

2. Originality and Non-disclosure: The design must be one-of-a-kind and not previously exposed to the public, either within India or internationally. This means it shouldn’t have been previously published, used, or disclosed in any manner.

3. Application to an Object: The design must be attached or applicable to a specific product or object. A standalone design, without relevance to an item, cannot be registered.

4. Alignment with Public Values and National Security: The design should not be in conflict with public morals, sentiments, or the security of India. Designs deemed inappropriate by the government or other authoritative bodies won’t qualify for registration. It’s essential that the design can be registered under section 5 of the Design Act, 2000.

It’s important to ensure these criteria are met when seeking registration under the English language provisions of the Design Act, 2000.

Exclusions from Design Registration

Design registration has certain exclusions and does not encompass everything. The following are explicitly excluded from the purview of design registration:

• Literary or Artistic Work: Unlike copyright protection, design registration doesn’t cover literary or artistic creations such as books, calendars, stamps, and tokens.
• Buildings and Structures: Architectural works, including buildings and other structures, are not eligible for design registration.
• Geographical Representations: Maps are excluded from the scope of design registration.
• National Symbols: Designs that imitate or resemble national flags, emblems, or official signs of any country are not allowed for registration.

Who can Apply for Design Registration?

The following type of Persons can apply for Design Registration:

• Applicants: Individuals, their legal representatives, or assignees can apply either individually or jointly for design registration.
• Definition of Person: The term “person” encompasses a variety of entities, including firms, partnerships, small entities, and corporate bodies.
• Non-Resident Indians (NRIs): For NRIs, the application for Design Registration should be made through their agent or legal representative.

All provisions should be understood and complied with as per the English language stipulations for the Design Registration process.