Primary Legislation

• Design registration in India is governed by the Designs Act, 2000.
  
• The Act came into force on 11th May 2001.
  
• It repealed and replaced the earlier Designs Act, 1911.
  
• The law aims to protect the aesthetic aspects of industrial products.
  
• It aligns Indian design law with international standards.
  

Scope of the Act

• The Act covers registration of new and original designs.
  
• It applies to features of shape, configuration, pattern, or ornament.
  
• It does not protect functional or technical features.
  
• It is applicable to all articles manufactured by industrial processes.
  
• It provides national protection for registered designs.
  

Rules and Procedures

• The Designs Rules, 2001 provide procedural guidelines.
  
• The Rules have been amended from time to time for simplification.
  
• They specify the format, fees, and forms for filing design applications.
  
• They also define the classification and examination processes.
  
• Compliance with the Rules is necessary for registration.
  

Administering Authority

• The Act is administered by the Controller General of Patents, Designs and Trade Marks.
  
• The Design Wing at the Patent Office in Kolkata handles registrations.
  
• The authority operates under the Ministry of Commerce and Industry.
  
• It ensures proper enforcement of the Act’s provisions.
  
• It maintains the official register and publishes the Designs Journal.
  

Legal Protection and Remedies

• The Act provides exclusive rights to use the registered design.
  
• It offers civil remedies in case of infringement or piracy.
  
• The protection is valid for ten years and renewable for five more.
  
• Legal action can be initiated in case of unauthorized use.
  
• The Act ensures that original creators benefit commercially from their designs.