WHAT ARE THE REQUIREMENTS FOR DESIGN REGISTRATION IN INDIA?

The Designs Act of 2000 and the Design Rules, 2001 regulate the registration and protection of designs in India. The purpose of the Designs Act, 2000 is to protect original and new designs applicable to a particular article or product. The Act follows the principle of 'first to file, first to get' by allowing an innovator or owner of a design to apply for design registration as soon as possible. This system prevents the design from being pirated and guarantees the owner or inventor certain rights over that particular design.

We know that a design constitutes the ornamental and aesthetic aspect of an article and it consists of 3-D or 2-D features such as the shape, patterns, lines or colours of the product. However, it can also be explained as a drawing of a novel pattern, model, shape or configuration that is decorative and ornamental. It is common knowledge that a particular product's design influences the consumer to purchase it while a less attractive product might go unnoticed. Thus, the business entities in the market ensure that their article stands out in the category of similar products.

In a market where the act of copying or imitating almost every attractive design is on the rise, inventors or owners of the design must understand the need to register their design and protect it from piracy and the aggressive competition that is prevalent in the market. If registered, the proprietor has bestowed the monopolistic right which legally excludes third parties from reproducing, making, or selling the said registered design without consent from the proprietor. If a design is registered, the creator or originator of an appealing design is not deprived of his true reward as others cannot apply the same design to their goods.

Read more: HOW TO GET A DESIGN REGISTRATION CERTIFICATE IN INDIA?

Certificate Issuing Authorities

The application to register a design can be submitted to five different authorities, namely-

1. The Patent Office in Kolkata

2. The patent office in Delhi

3. The patent office in Ahmedabad

4. The patent office in Mumbai

5. The patent office in Chennai

It must be noted that when an application is submitted at any one of the four offices in Delhi, Mumbai, Chennai and Ahmedabad, it is a rerouted to the head office in Kolkata.

Upon registration, the design is granted a copyright certificate by the Patent Office. After a certificate of registration is issued, the design number, class number, date of filing in India, name and address of Proprietor and such other information that would affect the validity of proprietorship of the design are all noted in the Register of Designs, a document maintained by The Patent Office, Kolkata. The registration of a design is valid for ten years from the date of registration and may be extended by a period of 5 years. 

An application made by filling Form-3 and the prescribed fees must be submitted to the Controller before the expiry of the initial period of ten years to get an extension. The application for an extension can also be made by the proprietor of a design as soon as the design is registered. Once the design is registered, the registered proprietor is conferred with ‘Copyright’ in the design for 10 years from registration. 

A ‘copyright’ in the design gives the registered proprietor the exclusive right to apply a design to the article belonging to the class in which it is registered. However, registration cannot begin unless all the essential elements that are a prerequisite to designing registration are not part of the design. According to the Design Act of 2000, for a design to be registered and protected, the following essential elements must be fulfilled:

a. Novel & Original Design

The design should not have been used or published previously in any country before the date of application of registration. There should be a significant difference between the design and other designs that have already been registered. In simple words, it should be new and original.

Here, it must be noted that a combination of previously registered designs can be considered if the newly created combination produces novel visuals. However, the applicant must also keep in mind that mere shape and form are not sufficient to prove novelty. There should be a significant difference between the design and other designs that have already been registered.

You might be interested in: HERE'S HOW YOU CAN PROTECT YOUR DESIGN BEING EXPLOITED

b. Features Of The Design

The features of a product represented by shapes, patterns, configuration or composition form the crux of the design. Also, the applicability of the design must be the article itself. For example- paintings, bedsheets, 3-D or 2-D figures, etc. can be registered designs because their features apply to the article.

c. No Artistic Works, Trademarks or Property Marks

For a design to be registered under the Designs Act of 2000, it should not include artistic works, trademarks or property marks defined under the Copyright Act, 1957.

d. Applicability

For a design to be eligible for registration under the Designs Act, 2000, it must be applied to any article by any industrial process.

e. Appealing To The Eyes

The finished article’s design must be appreciated with the eyes alone. In simple words, the design features must appear in the article for the design to be registerable under the Designs Act of 2000.

f. Unobjectionable

To be capable of being registered under the Designs Act of 2000, the design must not be prohibited by the Government of India or any other authorized institution. If a design causes any unrest or hurts the people's sentiments, it may not be allowed to get registered by the Controller.

After ensuring that all the requirements for the registration process of design are fulfilled, one can apply to get a certificate of registration of the design. A design registration allows the registered proprietor the exclusive right to apply a design to the article in the registered class. Also, the registered owner can file an infringement suit and protect its rights against third parties.

Found this informative? Read more such legal articles about Intellectual Property Laws and their implications on Rest The Case.

Author: Shweta Singh