Eligibility for Foreign Applicants

• Yes, a foreign design can be registered in India if it meets Indian legal requirements.
  
• Any person or legal entity residing or incorporated outside India is eligible.
  
• Foreign applicants must either file directly in India or claim priority from a foreign application.
  
• Applications can be filed through an authorized Indian patent/design agent.
  
• The foreign applicant must comply with all procedural and documentation rules.
  

Convention Application Provision

• India is a member of the Paris Convention for the Protection of Industrial Property.
  
• Foreign applicants can claim priority from an earlier application filed in a convention country.
  
• The Indian application must be filed within six months from the date of the first foreign filing.
  
• Priority documents must be submitted with a verified English translation if not originally in English.
  
• The priority date is treated as the effective filing date in India.
  

Filing Requirements

• The application must be submitted using Form-1 under the Designs Rules, 2001.
  
• Representations of the design in the prescribed format must be provided.
  
• A statement of novelty and class of the article must be included.
  
• A Power of Attorney is required if filed through an Indian agent.
  
• Government fees vary based on applicant type and are payable in Indian Rupees.
  

Examination and Registration

• The foreign design is examined for novelty, originality, and legal compliance.
  
• It must not have been disclosed publicly before the filing or priority date.
  
• The same criteria for novelty and non-functionality apply to foreign designs.
  
• On acceptance, the design is registered and published in the Designs Journal.
  
• The applicant is granted rights equivalent to those of an Indian registrant.
  

Legal Protection and Enforcement

• Once registered, a foreign design enjoys protection under the Designs Act, 2000.
  
• The registration is valid for ten years and renewable for five more years.
  
• The registered owner can enforce rights against unauthorized use in India.
  
• Legal remedies include injunctions, damages, and seizure of infringing goods.
  
• The design is protected only within Indian territory unless registered in other countries separately.