Salient Features of Design Act 2000
📘 1. Objective of the Act
To protect novel and original designs applied to articles.
Encourages creativity in industries by providing exclusive rights over new designs.
🎨 2. Definition of "Design"
Refers to features of shape, configuration, pattern, ornamentation, or composition applied to any article (two-dimensional or three-dimensional).
Must be visible and judged solely by the eye in the finished article.
Functional aspects are excluded from protection.
🆕 3. Novelty and Originality
A design must be new or original.
It must not have been disclosed to the public anywhere in the world before the filing date.
📝 4. Registration Process
Designs must be registered with the Controller of Designs (under the Patent Office).
After scrutiny and acceptance, a Certificate of Registration is issued.
⏳ 5. Duration of Protection
Initial term: 10 years from the date of registration.
Extension: Further 5 years upon application.
Maximum protection: 15 years.
🚫 6. Prohibited Designs
Designs that are:
Not new or original.
Contrary to public order or morality.
Related purely to mechanical processes.
Mere artistic works (covered under the Copyright Act) are not registrable.
🛡️ 7. Rights Conferred
The registered owner has exclusive rights to apply the design to articles.
Right to take legal action against infringement.
⚖️ 8. Infringement and Legal Remedies
Piracy of a design (unauthorized copying) is punishable.
Penalties may include fines and injunctions.
Owner can sue for damages and seek seizure of infringing goods.
🔁 9. Assignment and Transmission
Registered designs can be assigned, transferred, or licensed.
Legal ownership can be transferred with proper documentation.
🌍 10. International Aspects
India is a signatory to the Paris Convention.
Applicants can claim priority from earlier applications in member countries.
Do write to us if you need any further assistance.
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