General Requirements Drawings must clearly depict the shape, configuration, pattern, or ornamentation. They should represent the design as applied to the specific article. All views (front, rear, side, top, bottom, perspective) must be provided. Each view must be...
Initial Validity of a Design A registered design is valid for 10 years from the date of registration. The term can be extended for an additional 5 years. Renewal must be applied before the initial term expires. Form 3 must be filed for renewal along with the...
Grounds for Challenging Originality The design is not new or original in substance. It has been published in India or any other country before the registration date. It closely resembles an existing registered design. It lacks distinct visual features or innovative...
No Mandatory Use Requirement The Designs Act does not impose an obligation to use the design after registration. A design can remain registered even without being commercially used. Lack of use does not automatically invalidate the design. The right holder retains...
Purpose of Publication To inform the public about newly registered designs. To promote transparency in the design registration system. To allow third parties to raise objections if necessary. To establish a public record of ownership. To support legal protection and...
Legal Basis for Transfer The Designs Act, 2000 allows the transfer or assignment of design rights. Assignments must be in writing and signed by the assignor and assignee. The transfer can be full or partial, depending on the agreement. The rights can be transferred by...
Eligibility under the Designs Act Yes, individual components of a product can be registered separately if they meet the legal requirements. The component must have a distinct shape, configuration, pattern, or ornamentation. It should be capable of independent...
Requirement under the Designs Act Yes, multiple views of the design must be submitted as part of the registration application. This is mandated under the Designs Rules, 2001 for clear visual disclosure. The purpose is to show the complete appearance of the article...
Filing Stage The design registration process begins with the submission of Form-1 and required documents. The application can be filed online or physically at the Design Office. Acknowledgment of the application is typically issued within one to three working days....
Nature of Infringement Copying a registered design without authorization is considered design piracy. Infringement occurs when a design identical or deceptively similar is applied to an article. The infringing use must be for commercial or industrial purposes. The act...