Definition and Legal Basis

• Design registration under IPR in India protects the visual appearance of a product.
  
• It is governed by the Designs Act, 2000.
  
• The registration is administered by the Controller General of Patents, Designs, and Trade Marks.
  
• It applies to the aesthetic features of an article such as shape, pattern, or ornamentation.
  
• The protection is solely for designs judged by the eye and not for technical or functional features.
  

Eligibility for Registration

• The design must be new or original.
  
• It should not have been published or disclosed anywhere before the filing date.
  
• It must be significantly distinguishable from known designs.
  
• It should not contain any scandalous or obscene matter.
  
• The design must not be dictated by the functionality of the article.
  

Rights and Protections

• Grants exclusive rights to apply the design to the registered article.
  
• Prevents others from copying or imitating the design without permission.
  
• Allows the design owner to license or assign rights to others.
  
• Enables the holder to sue for design infringement.
  
• Provides a legal remedy for protection in the Indian jurisdiction.
  

Duration and Renewal

• The initial protection is valid for ten years from the date of registration.
  
• It can be extended for an additional five years upon request.
  
• The request for renewal must be filed before the expiry of the initial period.
  
• On failure to renew, the protection ceases, and the design enters the public domain.
  
• Once expired, the design cannot be re-registered by the original owner.
  

Scope and Limitations

• Applicable only within the territory of India unless filed internationally.
  
• Does not protect the functionality or method of manufacture.
  
• Not enforceable if the design is not used commercially or actively defended.
  
• Protection is limited to the specific class and product category registered.
  
• The design must be represented clearly in the prescribed format for legal recognition.