Design Registration in India

Design registration is a significant aspect of intellectual property protection in India. With the ever-growing importance of unique and visually appealing designs, registering designs under the Design Act 2000 has become crucial for creators and businesses. 

Design registration provides legal rights and safeguards against unauthorised copying or imitation of designs, ensuring that the creators receive due recognition and rewards for their innovative work. 

What are “Designs”?

The term ‘design’ refers to the distinctive elements of shape, form, patterns, or combinations thereof given to an article, whether in two-dimensional or three-dimensional form, using any manufacturing process. 

Creating a design can involve manual, mechanical, automated, or chemical methods, individually or collectively, resulting in an aesthetically appealing finished article that can be visually recognised. However, it does not include mechanical devices or standard or construction materials. 

Additionally, it excludes registered trademarks as defined in Section 2(v) of the Trade and Merchandise Marks Act, 1958, and property marks or artistic works defined in Section 2(c) of the Copyright Act, 1957.

Meaning of Design Registration in India

Design registration in India refers to the legal process of obtaining exclusive rights and protection for the visual appearance of a product or article. It is governed by the Design Act, 2000, which aims to promote creativity, encourage innovation, and safeguard the commercial value of unique designs. 

Design registration grants the owner the exclusive right to use the registered design and prevent others from copying, imitating, or using the design without permission. By registering a design, designers and businesses in India can protect their original creations, enhance marketability, and establish a distinct identity for their products. 

Design registration in India involves fulfilling certain requirements, filing an application with the appropriate authorities, and undergoing an examination process to ensure compliance with legal provisions. The registration provides a legal framework for designers to assert their rights and take legal action against any infringement or unauthorized use of their registered designs.

Objective of Design Registration in India?

The Purpose of obtaining the design registration under the Designs Act is to safeguard a novel or innovative design to be applied to a specific article under the manufacturing process through an Industrial Process or mode. 

At times, we see that customers’ buying behaviour towards some articles for consumption is inclined not only by their actual product quality but also by the design of their appearance, e.g., a mobile phone or goggles. 

The main objective of obtaining a design Registration is to make sure that the particular artisan, creator, craftsman, engineer or the designer of that design having a unique appearance is not deprived and deceived of his bonafide reward by some copycats, who might tend to use his design to their goods.

Importance of Design Registration

Designs play a significant role in attracting attention to products and articles. Unique and appealing designs make them easily recognisable and enhance their commercial value. Registering a design provides various benefits and protection to designers.

Enhancing Commercial Value

Industrial design adds style, appeal, and attractiveness to a product or article, making it stand out. Registering a design increases its commercial value as it becomes exclusive to the owner. This exclusivity helps consumers identify the product with a particular brand. Registered designs can be sold or used as assets for business purposes, such as paying liabilities.

Protection and Legal Rights

Registering a design gives the owner legal rights and protection against unauthorised copying or imitation by others. In case of infringement, the owner can file a lawsuit to recover losses and protect their market position and reputation. Additionally, owners can license or sell their registered designs to generate income or expand their production capacity.

Design Registration Process

To register a design, an application must be submitted to the Office of the Controller General of Patents, Designs, and Trademarks located in Kolkata, under the Department of Industrial Policy and Promotion in the Ministry of Commerce and Industry. The office conducts an investigation and grants registration if the application meets all the necessary formal and substantive requirements outlined in the Designs Act.

Basic Requirements for Design Registration in India

To register and protect a design under the Design Act of 2000, the following essential elements must be fulfilled:

Novelty Aspect

The design must possess a novelty aspect, meaning it should be new and not previously registered. A combination of registered designs can be considered if it produces a new visual appearance.

No Prior Publication

The design should not have been disclosed or published to the public anywhere in India or internationally through prior use or any other means.

Application of Design to an Article

The design should be applied to the article itself. Registration cannot be granted without an actual article.

Compliance with Public Order, Morality, and Security

The design should not go against public order, morality, or the security of India. Designs that the government or any authorised institution prohibits, or those contradicting public sentiment, may not be eligible for registration.

Documents Required for Design Registration

The following documents are necessary to register a design in India:

Applicant’s Name and Address

The applicant’s name and detailed address must be provided.

Nature/Legal Status of the Applicant

The applicant should specify their legal status, such as being a natural person or a company. Start-ups need to provide a certificate of registration.

Description of the Article

A description of the article and its identification as per the classification system should be included in the application.

Images/Drawings of the Article

At least four images or drawings of the article from different angles need to be submitted along with the application.

Steps Involved in Design Registration under the Design Act, 2000

Prior Art Search

The applicant conducts a search to determine if any similar design has been previously registered. Online databases like IP India’s public design search platform and WIPO’s Global design database can assist in this search. If no similar design is found, Form no – 7 is filed along with a fee of Rs. 1000.

Representation and Classification of Designs

The applicant identifies the appropriate class of design based on the function of the article using the Locarno classification. A representation or diagram of the design is prepared on white A4 size paper, clearly indicating the design details and applicant’s information. It is important to adhere to the A4 size requirement to avoid delays. 

Applicant details include name, address, and the article on which the design is applied. Foreign applicants must provide an address for services in India.

Statement of Novelty

The statement of novelty is a crucial part of the application and is placed below the representation sheet. It expedites the examination and registration process. An example statement could be:

“The novelty of the ‘XYZ design’ resides in its unique shape and configuration as illustrated.”

Disclaimer

To distinguish the design from a trademark, a disclaimer is necessary. It clarifies that the registration does not claim any exclusive rights to words, letters, or trademarks depicted in the representation. If there are any powers of attorney, they should also be specified. A sample disclaimer draft could be:

“This registration does not claim any right to the exclusive use of the words, letters, or trademarks appearing in the representation.”

Claiming a Priority Date

The applicant can claim a priority date in India if the application is filed in a conventional country or a member country of intergovernmental organisations. This date will be the application’s filing date in any such country, provided that the application is made within 6 months in India.

Payment of Fees

Fees can be paid by cheque, draft payable at the Kolkata head office, or in cash. The application fee for registration is Rs. 1000, and for renewal, it is Rs. 2000.

Initial Processing of Application

The applicant is allocated a registration number upon filing the application with all the required documents and fees. The application can be filed at the Design Office in Kolkata or its branches in Delhi, Mumbai, or Chennai. The examination officer conducts a substantive examination, and a report is issued within 2 months.

Objection Stage

If the applicant receives any formal objections, they have the opportunity to respond by filing a written reply addressing those objections. A hearing may be scheduled if the examination officer is not satisfied with the written reply. If the applicant fails to overcome the objections, the design may be declared as non-registrable. This stage should be completed within 6 months from the filing date.

Final Stage of Registration and Publication

The application will be registered and published in the patent office if the applicant clears all stages. A certificate of registration will be issued. The registered design is valid for 10 years and can be renewed for an additional 5 years. The entire process, from filing to registration, typically takes 8 to 12 months.

Conclusion

Design registration in India plays a vital role in protecting designs’ uniqueness and commercial value. By registering a design under the Design Act 2000, designers can ensure that their creations are safeguarded from unauthorised copying or imitation by others. The registration process involves fulfilling essential requirements such as novelty, uniqueness, and application to an article.

 Conducting a prior art search, preparing representations, and classifying designs are crucial steps in the registration process. Payment of fees, addressing objections, and successfully clearing the examination stage are also key aspects. Once registered, a design enjoys exclusive rights and can be used to enhance marketability, generate income, or protect against infringement. 

The registration period is initially 10 years, with an option to renew for an additional 5 years. Design registration in India provides legal protection, encourages innovation, and fosters fair competition, ultimately benefiting both designers and consumers.