What is Design Registration?

Under the Designs Act, 2000, an "article" refers to any product or substance, whether wholly artificial, partially artificial, or natural, which can be manufactured through industrial processes. It also includes parts of the product that can be sold separately after completion.

The main goal of design registration is to safeguard original and innovative designs applied to articles. Consumers often decide what to buy not only based on functionality but also the visual appeal of the product. Design registration ensures that the creator of a product with an attractive appearance is not unfairly deprived of their right due to copying or imitation by competitors.

According to the Designs Act, 2000, a 'design' refers to the ornamental or aesthetic features of a product, including its shape, configuration, pattern, or decoration. These characteristics must be visible to the naked eye, and the design can be either two-dimensional or three-dimensional. Designs applied through industrial processes (manual, automatic, or chemical) qualify for registration, but it excludes anything that is purely mechanical in nature or a mere method of manufacture.

After you submit your design application in the prescribed format, it will undergo examination, and once it is accepted, your design will be registered. A certificate confirming your design registration will be issued. In case you need a certified copy of the certificate for legal purposes, you can request it from the Controller of Designs, along with the applicable government fee.

The Register of Designs is a document maintained by the Indian Patent Office in Kolkata. It includes details such as the design number, class number, filing date, owner’s information, and other relevant information that ensures the legal protection of the design. This register is publicly accessible for scrutiny upon payment of the prescribed fee.

The registration date is the actual date of filing the design application,

Initially, design registration is valid for 10 years. You can apply for an extension of the registration for an additional 5 years by submitting a request before the expiration of the initial period.

Registering a design grants the proprietor exclusive rights over its use. This includes a copyright for the design, ensuring that no one else can legally apply or replicate the design on their articles within the same class. It protects the originality and market value of the product's visual appeal.

Design piracy refers to the unauthorized use of a registered design. This can include applying the design to products within the same class without the registered proprietor's consent, as well as selling or importing such items. Design piracy also involves publishing such articles or advertising them with knowledge that the design is being used without authorization.