Design Registration in India: Process, Protection and Infringement Under Designs Act 2000

Industrial design registration protects the visual/aesthetic aspects of an article. Registered under the Designs Act 2000, it prevents copying of the unique appearance of a product. The Controller General of Patents, Designs and Trade Marks (CGPDTM) manages the Design Registry in India.

What is a Registrable Design?

Section 2(d) of Designs Act 2000 defines design as features of:

• Shape — 3D form (a toy, a chair, a lamp)
• Configuration — arrangement/layout
• Pattern — repeating decorative elements
• Ornament — surface decoration
• Composition of lines or colours — 2D design applied to surface

Applied to an article by industrial process. Judged solely by the eye (eye appeal test).

Eligibility Requirements

• Novelty and originality: Not previously published or used in India or elsewhere
• Not same/similar: Distinguishable from existing registered designs
• Appeal to the eye: Must have aesthetic value — purely functional designs not registrable
• Not prior disclosed: Public exhibition/publication destroys novelty (file before disclosure)

Design Registration Process

1. Conduct design search on the Indian Patents Office Design search portal (ipindiaservices.gov.in)
2. Prepare Form 1 (application): applicant details, Locarno class, article description
3. Attach: 4 representations (drawings/photographs) showing all views of the design, power of attorney (if through agent)
4. File at Patent Office (Kolkata main office or Delhi/Mumbai/Chennai branch offices) — online filing available
5. Examination by Design Controller — checks novelty, formal requirements
6. If no objection: Registration certificate issued (typically 3-6 months)
7. If objection: Respond within 1 month → hearing if needed → registration or refusal

Locarno Classification (32 Classes)

Protection Period and Renewal

• Initial term: 10 years from registration date
• Renewal: Single extension of 5 years (Form 3 + fee before expiry)
• Maximum total protection: 15 years
• After 15 years: Design enters public domain — anyone can use it

Design Infringement (Section 22)

"Design piracy" occurs when any person:

• Applies a registered design (or fraudulent imitation) to any article without license
• Sells, imports, or publishes any article to which the design is fraudulently applied

Remedies:

• Civil suit: Injunction (interim/permanent), damages or account of profits, delivery/destruction of infringing articles
• Criminal action: Fine up to Rs.25,000 per registered design (cumulative maximum Rs.50,000)

Design vs Copyright vs Patent