Initial Protection Period
- The Designs Act, 2000 provides an initial protection term of ten years.
- The term begins from the date of registration of the design.
- If priority is claimed from a foreign application, the term starts from the Indian filing date.
- During this period, the design owner enjoys exclusive rights over the design.
- The registration remains valid unless it is cancelled or allowed to lapse.
Renewal Provision
- The initial ten-year term is extendable by a further five years.
- The extension is granted only once during the lifetime of the registration.
- The renewal must be applied for before the expiry of the initial term.
- Form-3 along with the prescribed renewal fee must be submitted.
- No additional extension is permitted beyond fifteen years.
Total Duration of Protection
- The maximum term of protection under the Designs Act is fifteen years.
- This includes the original ten-year term plus a one-time five-year renewal.
- Protection ends permanently after this period, with no further extensions.
- The design then enters the public domain and can be used by others.
- The owner loses all enforcement rights after expiry.
Consequences of Non-Renewal
- If the design is not renewed, the protection expires at the end of ten years.
- The lapsed design cannot be restored or revived.
- Others may legally copy or use the design without infringement.
- The proprietor cannot claim damages or file suit after expiry.
- The public gains free access to the expired design.
Statutory Reference
- The term of protection is governed by Section 11 of the Designs Act, 2000.
- The renewal procedure is detailed under the Designs Rules, 2001.
- The Controller of Designs manages all term-related records and entries.
- The Designs Journal publishes updates on renewals and expirations.
- The Register of Designs reflects the current protection status.



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