Initial Protection Period The Designs Act, 2000 provides an initial protection term of ten years. The term begins from the date of registration of the design. If priority is claimed from a foreign application, the term starts from the Indian filing date. During this...
Standard Renewal Requirement A registered design in India is valid for an initial period of ten years. It must be renewed before the expiry of the ten-year term. The renewal extends the protection for an additional five years. Form-3 must be submitted along with the...
Statutory Provision The penalty for design infringement is governed by Section 22 of the Designs Act, 2000. It provides for civil remedies only, not criminal punishment. The provision covers unauthorized application or imitation of a registered design. It applies to...
Original Proprietor The person who creates the design is considered the original proprietor. The creator must be the first to apply for design registration. If multiple persons create the design jointly, all are considered co-owners. The original proprietor holds all...
Legal Requirement of Publication Yes, publication of a registered design is mandatory under the Designs Act, 2000. Upon successful registration, the design is automatically published in the Designs Journal. Publication is carried out by the Controller of Designs at...
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...
Initial Validity Period A registered design in India is valid for ten years from the date of registration. The registration date is counted from the official filing date of the application. During this period, the design holder enjoys exclusive rights over the design....
Standard Renewal Period A registered design is initially valid for ten years from the filing date. It can be renewed once for an additional period of five years. The renewal must be applied before the expiry of the initial ten-year term. Failure to renew on time...
Official Online Portal Registered designs in India can be searched through the IP India website. The official portal is maintained by the Controller General of Patents, Designs and Trade Marks. The specific search tool is available at...
Civil Remedies The registered proprietor can file a civil suit against the infringer. The court may grant an injunction to restrain the further use of the infringing design. The infringer may be ordered to pay damages or compensation. The court can direct the seizure...