The registration and protection of industrial designs in India is administered by the Designs Act, 2000 and corresponding Designs Rules, 2001 which came into force on 11th May 2001 repealing the earlier Act of 1911. The Design Rules, 2001 was further amended by Designs (Amendment) Rules 2008 and Designs (Amendment) Rules 2014.
The industrial design recognizes the creation new and original features of new shape, configuration, surface pattern, ornamentations and composition of lines or colors applied to articles which in the finished state appeal to and is judged solely by the eye.
Design registration provides the owner and exclusive right to use, sell, franchise or contract the design as an intellectual property and intangible asset for a period of ten years which can be further extended for a limited period of five years.
Advantages of having design registration
The design registration gives legal protection to the owner and enables him/her to sue in case of infringement of the same.
The design so registered provides monopolistic rights to the registered owner during the period of the registration.
Any person can be proprietor of a design, Person includes:
- Partnership/ Corporate Body
- Legal entity.
Why choose us?
We have a team of expert professionals to guide you about your design registration, have filed sufficient design applications and represented many matters in the registry and court. The content is kept confidential and our capable of rendering all the other required services needed.
Frequently Asked Questions
What is meant by Design?
What is the object of registration of Designs?
Can stamps. Labels, tokens, cards be considered an article for the purpose of registration of Design?
When does the Applicant for Registration of Design get the registration certificate?
Is the Certificate so received can be used under legal proceedings?
What is the effect of registration of design?
What is the duration of the registration of a design? Can it be extended?
Is it possible to re-register a design in respect of which Copyright has expired?
How one can ascertain whether registration subsists in respect of any design?
Is there any penalty for the piracy of a registered Design?
Can the Registration of a Design be cancelled?
- That the design has been previously registered in India or
- That it has been published in India or elsewhere prior to date of registration or
- The design is not new or original or
- Design is not registrable or
- It is not a design under Clause (d) of Section 2.