Legal Requirement for Registration
- Originality is a core requirement under the Designs Act, 2000.
- A design must be new and not previously published in India or elsewhere.
- It should not be a mere reproduction or imitation of an existing design.
- Only original designs are eligible for registration and legal protection.
- Failure to meet originality leads to rejection of the application.
Establishing Exclusive Rights
- Originality ensures that the applicant is the true creator of the design.
- It grants the proprietor exclusive rights to use, license, or sell the design.
- It prevents others from legally replicating the protected visual features.
- Original designs enjoy a stronger position in enforcement and litigation.
- It supports brand identity and product differentiation in the market.
Protection Against Infringement
- Registered original designs can be defended against unauthorized copying.
- Courts recognize originality as the basis for granting legal remedies.
- It strengthens claims for injunctions, damages, and legal costs.
- Originality helps prove ownership and deters infringement risks.
- Infringement actions are more effective when originality is clearly documented.
Avoiding Conflicts and Cancellation
- Non-original designs are vulnerable to opposition and cancellation.
- Third parties can challenge registration based on lack of novelty.
- Evidence of prior publication or common use may lead to invalidation.
- Maintaining originality avoids costly legal disputes and re-filings.
- It ensures long-term validity and security of design rights.
Encouraging Innovation and Creativity
- Originality promotes genuine creativity in design and product development.
- It supports intellectual and commercial value for creators and businesses.
- Encouraging unique designs drives innovation across industries.
- It builds trust and credibility for design professionals and students.
- Original contributions enhance the national and global design landscape.



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