Limited Duration Under the Designs Act
- Registered designs in India are protected for an initial period of 10 years.
- The protection can be extended by 5 more years through renewal.
- The total maximum protection period is 15 years.
- No further extension is permitted beyond this term.
- The protection automatically ends after the full term expires.
No Provision for Indefinite Renewal
- Unlike trademarks, design rights cannot be renewed indefinitely.
- The Designs Act, 2000 does not allow repeated renewals.
- Once the maximum term lapses, the design enters the public domain.
- The law ensures a balance between innovation and public access.
- Re-registration of the same design is not permitted after expiry.
Public Domain Status After Expiry
- Expired designs may be freely used by anyone.
- No exclusive rights remain with the former owner.
- Legal enforcement for infringement is no longer possible.
- The design can be commercially exploited without permission.
- This encourages competition and innovation in the market.
Comparison With Other IP Rights
- Trademarks can be renewed every 10 years without a limit.
- Copyright generally lasts for the author’s lifetime plus 60 years.
- Design protection is strictly time-bound and non-perpetual.
- Each IP category has its own defined duration and renewal rules.
- Strategic planning is needed to combine and transition protections.
Alternative Long-Term Strategies
- Consider evolving the design for fresh registrations.
- Register updated versions with visual modifications.
- Use trademarks or trade dress for long-term visual branding.
- Protect complementary elements through copyright or patent.
- Consult IP professionals for an integrated protection plan.



0 Comments