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...
Eligibility to File a Design Application Yes, a student can file for design registration in India. The Designs Act, 2000 does not restrict filing based on occupation or age. Any individual who is the true and first author of the design is eligible. The applicant must...
Legal Basis for Priority Claims Yes, a foreign-filed design can claim priority in India. The provision is governed by the Paris Convention for the Protection of Industrial Property. India is a signatory to the Paris Convention. Priority allows the applicant to use the...
Issuance of Examination Report After submission, the design application is examined by the Design Office. An examination report is issued if formal or substantive objections are found. Objections may relate to novelty, originality, classification, or formatting. The...
Availability of Design Records Yes, a public database of registered designs is maintained by the Design Office. It includes information on registered and published designs. The database is intended to support transparency and legal access. It is part of the official...
Consumer Product Designs Bottle shapes with distinctive curves or contours. Furniture with unique ornamental configurations. Footwear with novel sole patterns and upper designs. Watches or clocks with decorative face layouts. Cosmetic containers with innovative visual...
Definition of Prior Art in Design Law Prior art refers to any design that was disclosed before the filing date. It includes previously registered designs in any country. Public use, publication, or commercial availability may count as prior art. Prior art must relate...
Legal Basis for Protection Registered designs are protected under the Designs Act, 2000. The Act grants exclusive rights to the registered proprietor. Unauthorized imitation or reproduction of a registered design is an infringement. The proprietor can take legal...
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...
Nature of Protection A trademark (TM) protects brand identifiers like names, logos, and slogans. Copyright protects original literary, artistic, musical, and dramatic works. Design protection covers the visual appearance of an article or product. TM focuses on...