Design Registration
Design Registration in India.
Design Registration in India provides legal protection to the visual design of objects that are not purely utilitarian. Governed by the Designs Act, 2000, it helps creators secure exclusive rights to the aesthetic aspects of a product, including shape, pattern, ornamentation, and configuration, which are applied to an article by any industrial process.
To register a design, the applicant must file with the Controller General of Patents, Designs and Trademarks. The design must be new, original, and not previously published in India or elsewhere. Once approved, the registration is valid for 10 years and can be renewed for an additional 5 years.
Registered designs grant the owner the exclusive right to use and protect the design from unauthorized copying or imitation. It enhances commercial value and offers a competitive edge in the market. Design registration is particularly valuable in industries like fashion, packaging, and consumer goods.
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Benefits of Design Registration.
Exclusive Rights
The registered owner gets the exclusive right to use, sell, and license the design, preventing others from copying or imitating it without permission.Legal Protection
It provides legal grounds to take action against infringement, helping protect the designer’s creative work and commercial interests.Commercial Value & Branding
A registered design enhances the product’s market appeal and adds value to the brand, often attracting investors or customers through unique aesthetics.
Who can apply for Design Registration.
Individual Designers
Any person who has created a new and original design can apply, either independently or jointly with other designers.Legal Entities
Companies, firms, or other legal organizations that own the rights to a design can file for registration in their name.Assignees or Legal Representatives
An assignee of the original creator or a legal heir (in case of the creator’s death) can also apply for registration, provided they have proper documentation.
Documents required for Design Registration in India.
| Document | Details |
|---|---|
| Application Form | Duly filled and signed application form for design registration. |
| Representation of Design | Clear and accurate representation or drawings of the design from all views. |
| Power of Attorney | If the application is filed through an agent or representative. |
| Identity Proof | PAN Card, Aadhaar Card, or Passport of the applicant or authorized signatory. |
| Address Proof | Utility bill, bank statement, or rental agreement as proof of the applicant’s address. |
| Business Registration Proof | If the applicant is a company, a copy of the Certificate of Incorporation or equivalent document. |
| Priority Document (if applicable) | If claiming priority for design, provide proof of prior disclosure or submission. |
| Design Fee | Payment receipt for the required fee, as applicable to the design registration. |
Process of Design Registration in India.
FAQs on Design Registration.
As per Section 2(d) of the Designs Act, 2000, a design refers to the features of shape, configuration, pattern, ornament, or composition of lines or colors applied to an article—whether 2D, 3D, or both—by any industrial process, judged solely by the eye in the finished product. It excludes mechanical devices, construction methods, trademarks under the Trade and Merchandise Marks Act, 1958, property marks, and artistic works under the Copyright Act, 1957.
The main objective of design registration is to protect the originality of new and unique designs. Since consumer choices often depend on a product’s appearance as well as its utility, registration ensures that creators are rewarded for their innovation and are protected from unauthorized copying or misuse of their designs.
The application for design registration must be filed before the design is disclosed to the public. A design that is already published or used publicly loses its novelty and becomes ineligible for registration. It is also important to note that design registration in India follows the first-to-file rule. This means that the right to register a design is granted to the person who files the application first, regardless of who originally created the design.
Design registration is initially valid for 10 years from the date of registration or from the priority date if priority is claimed. This period can be extended by an additional 5 years through a renewal application filed before the expiry of the initial term.
No, there is no provision to renew the design registration beyond the maximum period of 15 years. The design is initially registered for 10 years, and upon application, it can be extended for an additional 5 years. After this total period of 15 years, the design protection expires permanently, and the design enters the public domain, where it can be freely used by anyone without the need for permission or licensing.