The Designs Act, 2000
π· OBJECTIVES OF THE DESIGNS ACT, 2000
To protect new and original designs created by designers.
To encourage creativity in the field of industrial design.
To prevent piracy or unauthorized copying of designs.
To provide a registration system for industrial designs.
To contribute to the economic development by encouraging innovation.
π· KEY DEFINITIONS
β€ Design [Section 2(d)]
A design refers to the features of shape, configuration, pattern, ornament, or composition of lines or colors applied to any article by any industrial process, which can be judged solely by the eye.
It does not include:
Any mode or principle of construction.
Anything which is a mere mechanical device.
Any design that is not new or original.
Any design that is scandalous or obscene.
π· IMPORTANT PROVISIONS
π Section 3 β Controller and Administration
The Controller General of Patents, Designs, and Trademarks is the main authority to administer the Act.
π Section 4 β Prohibition of Registration of Certain Designs
A design cannot be registered if:
It is not new or original.
It has been disclosed to the public before the filing date.
It is not significantly distinguishable from known designs.
It contains scandalous or obscene matter.
π Section 5 β Application for Registration
The application must be made to the Controller with proper representations of the design.
The design must be applied to an article by an industrial process.
π Section 9 β Certificate of Registration
If the application is accepted, a certificate of registration is issued.
π Section 11 β Duration of Protection
The protection lasts for 10 years, extendable by another 5 years (maximum 15 years total).
π Section 19 β Cancellation of Registration
A design can be canceled if:
It has been previously registered in India.
It is not a design as per the definition.
It was published in India or elsewhere before registration.
It is not new or original.
It is not registrable under the Act.
π Section 22 β Piracy of Registered Design
If someone copies or uses the registered design without permission, they are liable to:
Pay a fine up to βΉ25,000 per contravention.
The registered proprietor may also file a suit for injunction and/or damages.
π· ESSENTIAL FEATURES OF A DESIGN UNDER THE ACT
Must be new or original.
Must be applied to an article by an industrial process.
Must be visually appealing.
Should not be functional (i.e., not a technical or mechanical invention).
Should be capable of being registered.
π· BENEFITS OF DESIGN REGISTRATION
Exclusive rights to use and apply the design.
Legal protection against copying or imitation.
Enhances the commercial value of a product.
Encourages investment in innovation.
π· IMPORTANT CASE LAWS
1. Bharat Glass Tube Ltd. v. Gopal Glass Works Ltd. (2008, Supreme Court)
Facts: Gopal Glass had a registered design for decorative glass sheets. Bharat Glass copied the same design.
Held: The court upheld the validity of the registered design and granted injunction against Bharat Glass.
Importance: Reinforced that once a design is registered, copying it amounts to piracy, even if the design is not novel worldwide, as long as it's new in India.
2. Reckitt Benckiser (India) Ltd. v. Wyeth Ltd. (2013, Delhi High Court)
Facts: Dispute over the shape of a spoon used in medicine packaging.
Held: The design was functional and not protected under the Designs Act because it served a measuring purpose.
Importance: Clarified that functional elements are not protected under design law.
3. Samsung Electronics Co. Ltd. v. Apple Inc. (U.S. case but often cited)
Though not under Indian law, this global case highlighted the value of industrial design rights, especially in technology products.
Apple sued Samsung for copying the look and feel of its smartphones, including rounded corners and icon arrangements.
This kind of design protection is also recognized under the Indian Designs Act.
π· DIFFERENCE BETWEEN DESIGN AND PATENT
| Design | Patent |
|---|---|
| Protects appearance | Protects functionality |
| Governed by Designs Act, 2000 | Governed by Patents Act, 1970 |
| Duration: 10+5 years | Duration: 20 years |
| Requires industrial application | Requires inventive step |
π· CONCLUSION
The Designs Act, 2000 plays a crucial role in:
Protecting aesthetic innovations.
Promoting industrial creativity.
Providing legal remedies against piracy.
Encouraging the development of visually attractive products that can stand out in the market.
This Act ensures that those who invest time and creativity in developing original designs get the exclusive right to commercially exploit them, thereby protecting their economic interests.
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