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How long is a design registration valid in India?

Initial Validity Period

  • A registered design is initially valid for ten years from the date of registration.
  • The protection period starts from the date of filing the application.
  • The certificate of registration confirms the date and duration of protection.
  • This initial period ensures exclusive rights to the design holder.
  • The registration remains in force unless it is cancelled or lapses.

Renewal Provisions

  • The initial ten-year term is renewable for an additional five years.
  • A renewal application must be filed using the prescribed form and fee.
  • The renewal must be requested before the expiry of the initial period.
  • Late renewal is not permitted once the registration has lapsed.
  • On renewal, the total duration of protection becomes fifteen years.

Procedure for Renewal

  • The request for renewal must be made to the Controller of Designs.
  • It requires submission of Form-3 under the Designs Rules, 2001.
  • The prescribed renewal fee must be paid according to the applicant category.
  • Renewal confirmation is issued by the Design Office upon approval.
  • Failure to comply results in the expiration of design rights.

Post-Expiry Status

  • Once the registration expires, the design enters the public domain.
  • The owner loses all exclusive rights and enforcement capabilities.
  • Others may freely use or copy the design without infringement.
  • The expired design cannot be restored or re-registered.
  • Continuous protection is only possible through timely renewal.

Legal Reference and Administration

  • The validity and renewal provisions are stated in Section 11 of the Designs Act, 2000.
  • The renewal process is governed by the Designs Rules, 2001.
  • The Controller General of Patents, Designs and Trade Marks administers the term.
  • All renewals and expiry details are recorded in the Register of Designs.
  • The official Designs Journal publishes updates on renewals and expiries.

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