Design Registration in India
Design Registration in India: Detailed Explanation
1. Introduction to Design Registration
Design registration protects the visual appearance, shape, pattern, or ornamentation applied to a product.
It safeguards the aesthetic aspect of a product, not the functional or technical features.
The protection incentivizes innovation in product appearance and helps manufacturers prevent unauthorized copying.
2. Legal Framework Governing Design Registration
Governed by the Designs Act, 2000 (which replaced the earlier Designs Act, 1911).
Administered by the Controller General of Patents, Designs and Trade Marks under the Ministry of Commerce.
The Design Rules, 2001 provide procedural details.
3. What Can Be Registered as a Design?
Any new or original design applied to an article.
The design must appeal to the eye—shape, configuration, pattern, ornamentation, or combination thereof.
It can be 2D or 3D (e.g., the shape of a bottle, textile patterns, product packaging).
The design must be applied industrially, meaning it must be reproducible on multiple articles.
4. What Cannot Be Registered?
Designs that are:
Previously published in India or elsewhere.
Commonplace or not new.
Contrary to public order or morality.
Primarily functional rather than aesthetic.
Protected under other intellectual property laws (e.g., trademarks, patents).
Mere mechanical or technical features without aesthetic appeal are excluded.
5. Registration Procedure
Application to the Design Office with:
Representation or drawing of the design.
Statement of novelty.
Fee payment.
Examination:
The Controller examines the design for novelty and compliance.
Registration:
If accepted, design is registered and published in the Designs Journal.
Opposition:
Third parties can oppose registration within 2 months of publication.
Term of Protection:
Initially 10 years from the date of registration.
Renewable for 5 more years (total 15 years).
6. Rights Conferred by Design Registration
Exclusive right to apply the design to articles in any class of goods.
Right to prevent others from applying, selling, or importing articles with the design without permission.
The right is territorial—effective only in India.
7. Infringement and Remedies
Infringement occurs when a person applies a registered design or a design not substantially different to a product without consent.
Remedies include:
Injunctions (temporary and permanent).
Damages or account of profits.
Seizure and destruction of infringing goods.
Criminal penalties also exist for willful infringement.
8. Important Indian Case Law on Design Registration
1. TATA Engineering & Locomotive Co. Ltd. v. State of Bihar (AIR 1965 SC 40)
The Supreme Court held that design registration is intended to protect the visual appeal and not the functional aspect.
Mere utility or mechanical feature is not registrable as a design.
Emphasized the difference between patent and design law.
2. Sundaram Finance Ltd. v. NEPC India Ltd. (1999) 2 SCC 479
The Court clarified the scope of design protection.
Held that a design is infringed if the accused design is not substantially different.
The test involves overall impression on an ordinary observer.
3. M/S. Satyam Fibres Ltd. v. M/S. Ajay Textile Mills (AIR 1983 SC 229)
The Court ruled that novelty is essential.
A design already in public use cannot be registered.
Also held that copying an unregistered design is not actionable under design law.
4. Videocon International Ltd. v. Bajaj Electricals Ltd. (2009)
The Delhi High Court reiterated that functional features cannot be protected under designs.
Only ornamental or aesthetic aspects are protected.
9. Distinction Between Design and Other Intellectual Property Rights
| Aspect | Design Registration | Patent | Trademark |
|---|---|---|---|
| Protection focus | Visual appearance or aesthetics | Invention or technical solution | Brand identity or source indicator |
| Duration | 10 years + 5 years renewal | 20 years | Indefinite, as long as used |
| Functional aspects | Not protected | Protected | Not relevant |
| Requirement | Novelty and originality | Novelty, inventive step, utility | Distinctiveness |
10. Practical Importance of Design Registration
Prevents copying and counterfeiting of product looks.
Enhances brand value by protecting unique product aesthetics.
Encourages innovation in product design.
Helps companies establish market differentiation.
11. Conclusion
Design registration in India protects the aesthetic features of products, giving owners exclusive rights to their designs. The law balances protecting creativity without stifling competition over functional aspects. Indian courts have reinforced that only new, original, and ornamental designs are protectable, and infringement is established by substantial similarity causing deception.
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