Eligibility under the Designs Act

• Yes, a company is eligible to register a design in its name under the Designs Act, 2000.
  
• The Act allows any “person” to apply, including juristic or legal persons such as companies.
  
• The company must be a legally incorporated entity under Indian or foreign law.
  
• Registration in the company’s name grants it all associated rights and protections.
  
• The application must be filed in the name of the company as the proprietor.
  

Filing Requirements for Companies

• The company must submit Form-1 with details of its registered name and address.
  
• A Power of Attorney must be filed if an agent represents the company.
  
• The company’s authorized signatory must execute and sign the application.
  
• The correct legal entity type (private limited, LLP, etc.) must be clearly indicated.
  
• Necessary government fees must be paid based on the entity category.
  

Ownership and Rights

• Upon registration, the company becomes the legal proprietor of the design.
  
• It enjoys exclusive rights to apply the design to any article in India.
  
• The company may license, assign, or enforce the design rights as the owner.
  
• All legal proceedings relating to the design must be taken in the company’s name.
  
• Ownership must be recorded in the Register of Designs maintained by the Design Office.
  

Designs Created by Employees

• If an employee develops a design in the course of employment, the company owns it.
  
• A clear employment agreement helps establish the company’s ownership.
  
• The company may file the design application directly, listing itself as the proprietor.
  
• No separate assignment is needed if the design was created during employment duties.
  
• Proper documentation must confirm that the design belongs to the company.
  

Legal and Administrative Compliance

• The company must comply with all procedural requirements under the Designs Rules, 2001.
  
• Any change in company name or address must be notified to the Design Office.
  
• Assignments, mergers, or transfers must be recorded to maintain ownership.
  
• The registered design must be renewed in the company’s name to retain rights.
  
• The Design Office maintains public records identifying the company as the proprietor.