Eligibility for Indian Registration

• A design registered abroad can also be registered in India.
  
• It must meet all criteria under the Designs Act, 2000.
  
• The design should not have been publicly disclosed before the Indian filing.
  
• Protection in India is independent of foreign registration.
  
• The design must be new and not already published in India or globally before the Indian filing date.
  

Convention Priority Filing

• India is a member of the Paris Convention for the Protection of Industrial Property.
  
• Applicants may claim priority from an earlier foreign design application.
  
• The Indian application must be filed within six months of the first foreign filing date.
  
• A certified copy of the foreign application must be submitted with the Indian filing.
  
• The priority date is treated as the effective filing date in India.
  

Documentation Requirements

• The application must be submitted using Form-1 under the Designs Rules, 2001.
  
• Priority documents must be furnished with a verified English translation, if required.
  
• A Power of Attorney is needed if filed through an Indian agent.
  
• The applicant must declare that the design has not been disclosed publicly.
  
• Representations must clearly show the visual features for which protection is sought.
  

Examination and Acceptance

• The Design Office will examine the application as per Indian standards.
  
• Foreign registration does not guarantee acceptance in India.
  
• The design must satisfy novelty, originality, and aesthetic value under Indian law.
  
• If approved, the design is registered and published in the Designs Journal.
  
• Rights in India are granted from the Indian filing or priority date.
  

Legal and Strategic Considerations

• Registering the design in India ensures territorial protection within Indian jurisdiction.
  
• Without Indian registration, enforcement in India is not legally possible.
  
• Simultaneous protection in multiple countries helps prevent cross-border infringement.
  
• Registration abroad does not automatically extend protection to India.
  

Strategic international filings support stronger IP portfolios and market entry.