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What is the term of protection under the Designs Act?

Initial Protection Period

  • The Designs Act, 2000 provides an initial protection term of ten years.
  • The term begins from the date of registration of the design.
  • If priority is claimed from a foreign application, the term starts from the Indian filing date.
  • During this period, the design owner enjoys exclusive rights over the design.
  • The registration remains valid unless it is cancelled or allowed to lapse.

Renewal Provision

  • The initial ten-year term is extendable by a further five years.
  • The extension is granted only once during the lifetime of the registration.
  • The renewal must be applied for before the expiry of the initial term.
  • Form-3 along with the prescribed renewal fee must be submitted.
  • No additional extension is permitted beyond fifteen years.

Total Duration of Protection

  • The maximum term of protection under the Designs Act is fifteen years.
  • This includes the original ten-year term plus a one-time five-year renewal.
  • Protection ends permanently after this period, with no further extensions.
  • The design then enters the public domain and can be used by others.
  • The owner loses all enforcement rights after expiry.

Consequences of Non-Renewal

  • If the design is not renewed, the protection expires at the end of ten years.
  • The lapsed design cannot be restored or revived.
  • Others may legally copy or use the design without infringement.
  • The proprietor cannot claim damages or file suit after expiry.
  • The public gains free access to the expired design.

Statutory Reference

  • The term of protection is governed by Section 11 of the Designs Act, 2000.
  • The renewal procedure is detailed under the Designs Rules, 2001.
  • The Controller of Designs manages all term-related records and entries.
  • The Designs Journal publishes updates on renewals and expirations.
  • The Register of Designs reflects the current protection status.

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