Designs Registration

Various industrial designs are registered and protected through the process of Design Registration in India. The entire procedure of the Design Registration is governed under the Designs Act-2000 and the corresponding Designs Rules-2001.

‘Design’ refers to the unique aspects of shape, figure, blueprints or decorations or composition of lines or hues or combination thereof given to an article, which may be 2 dimensional or 3 dimensional or in both formats, by any manufacturing procedure or mode. The process involved in the creation of the design may be manual, mechanical, automated or chemical, separate or all-inclusive, by which the finished article appeal to and can be identified solely by the eye. However, this does not contain any mode or a standard or construction or anything which is in the material a merely mechanical device. Besides, it does not include any registered trademark, as defined in Section 2(v) of the Trade and Merchandise Marks Act, 1958, as well as a property mark or artistic work as defined under Section 2(c) of the Copyright Act, 1957.

• Exclusive rights over the new and original design
• An asset of the proprietor/owner
• Can initiate a legal proceeding in case of infringement by a third-party
• Serve as a prima facie evidence in an infringement suit
• Right to sell, transfer and license the design with ease

• Designs make a product saleable and also add commercial value of the product and increase its marketability.
• When a design is registered it gave its owner the exclusive right against unauthorized copying or imitation of the design by third parties. This will help the owner that the design is exclusive to the owner and the consumer can easily identify that the product belongs to the particular brand.
• The registered design shall always be considered as business assets that have a market value. Yes, it is correct to take design as a business asset if it is registered with the authority. By business assets, we mean a thing that could be sold in the market or can be used for paying liabilities.
• The success of any business identity can be related to the appearance of the product. Therefore, if the product is fashionable product looks can be equally important than its functionality.
• If your industrial design is infringed upon, then you can bring a case or suit upon the infringer for the loss of your sales as well as damage to your goodwill in the market. In compensation, you will have the right to get damages in monetary terms as well.
• Due to the above protection by the authorities and courts the maker of design can focus on making superior design without worrying about the competitor copying your design and causing loss to your revenue.
• The owner gets the exclusive right to the product with a particular appearance which will lead to preventing your competitors from producing your product which might lead to a loss in revenue.
• Also, your industrial design will help you establish goodwill in terms of a trademark as part of the appearance and shape of the product. Also, having a sufficient reputation in get-up will help you in excluding others from copying your design. Thus, we can also say that it will become a protective layer from others from copying your trademark.
• The period of exclusivity in the design act for industrial design will help you to build a reputation in the market regarding those trademark rights which will belong to you indefinitely as long as a sufficient reputation in get-up is maintained.
• Design rights are protectable at a relatively low cost and review is simple and fast which means it works well for those companies which have ever-evolving new products that need to be protected. Like toy makers take a huge advantage since they make a new type of toy that is required to be protected.
• It also helps to cover up the disadvantages of the copyright act since it only includes software but generally does not look and feel of what this code produces on-screen certain media only but the industrial design includes not only designs but also new media and digital products. These designs also protect graphic icons, video game characters and many other things.
• One more benefit of registering the design is to resolve the infringement of the design of the fast-moving industry which is quite dynamic in nature like fashion industries or FMCG industries. These rights will protect the design of their product in key markets both nationally and internationally and allow them quick solutions against infringement.

• General Power of Attorney given to the agent duly signed by the proprietor, partner or one of the Directors of the company
• Four copies of Representation of the design on A4 size paper which shall be exactly similar drawings, photographs, tracings or other representations of the design.
• Documentary proof of Priority (if any) (i.e. any previous registration or application for registration)
• List of countries to claim the priority, if any, where the application/applications for design have/ have been filed, along with the date and application number.