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 prescribed fee.
  
• The renewal grants continued exclusive rights to the owner.
  

Consequences of Non-Renewal

• The design registration will lapse automatically.
  
• The proprietor loses exclusive rights to the design.
  
• The design enters the public domain and can be used by others.
  
• No infringement claims can be made after expiry.
  
• The legal protection under the Designs Act ends.
  

Grace Period Provision

• There is no statutory grace period for renewal under the Designs Act.
  
• Renewal must be completed before the expiry of 10 years.
  
• Delay in renewal cannot be condoned under normal circumstances.
  
• Once lapsed, the design cannot be revived through late payment.
  
• Owners must track expiration dates proactively.
  

Effect on Licensing and Commercial Use

• Licensing agreements based on the design may become void.
  
• Revenue opportunities from the design may be lost.
  
• The assignee or licensee cannot enforce rights after lapse.
  
• Loss of registration may weaken the IP portfolio.
  
• Market competitors can legally replicate the design.
  

Preventive Measures

• Maintain proper IP docketing and renewal reminders.
  
• Engage legal or IP agents to monitor deadlines.
  
• Consider early renewal well before the expiry date.
  
• Verify renewal status through the Design Office database.
  
• Keep proof of payment and renewal acknowledgment securely.