Design Registration

The Designs Act 2000 protects the visual features of an article — shape, configuration, pattern, ornament, or composition of lines/colours — as applied to the article by any industrial process. It does not protect the article's function (that is patent territory) or a method of manufacture. Registration grants the proprietor the exclusive right to apply the design to the article — infringement is manufacturing or selling a fraudulent imitation.

Application to the Indian Patent Office (Designs Wing, Kolkata) in Form 1 with representations (6 views: front, back, side, top, bottom, perspective) and a statement of novelty. The Controller examines for: prior publication, functionality-only, and obscenity. An objection (First Examination Report) typically issues within 3–4 months; response due within 3 months. Grant: 6–12 months from filing if no objection. Registration is valid for 10 years, renewable for a further 5 years (Form 3, before expiry).

Under Section 4 of the Designs Act 2000, a design is registrable if: (a) it is new or original; (b) not previously published in India or elsewhere (by the applicant or anyone else) before the filing date; (c) significantly distinguishable from known designs or combinations of known designs; and (d) not a purely functional feature. A 12-month grace period applies for publications by the applicant before filing — allowing market testing without losing the right.

Infringement — manufacturing/importing/selling an article with a fraudulent/obvious imitation of the registered design without licence — is actionable in a District Court or High Court. Remedy: injunction, damages or account of profits. The registered proprietor can file a piracy complaint under Section 22(1). The Court may grant an ex-parte injunction for urgent matters. Customs can also detain infringing goods at the border under the Customs Act on a request to the port commissioner.

Section 15 of the Copyright Act 1957: once an artistic work (drawing, design) is applied to an article by an industrial process and registered under the Designs Act, copyright protection in the artistic work ceases if the article is reproduced more than 50 times. This means: a logo that also qualifies as a design — once industrially reproduced over 50 times — should be registered as a design or the copyright protection lapses. Both registrations are advisable for mass-produced branded products.