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Can designs be protected indefinitely?

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.

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