Intellectual Property (IP) refers to creations of the mind, such as inventions, literary and artistic
works, designs, symbols, names, and images used in commerce. It is a category of intangible assets that
are legally protected to give creators exclusive rights over the use of their creations for a certain period of
time. Intellectual Property Rights (IPR) are the legal rights granted to individuals or organizations over their
intellectual creations, allowing them to control and profit from their use. These rights help encourage
innovation and creativity by ensuring that inventors and creators can benefit from their work.

Types of Intellectual Property include:

• Patents – Protect inventions and technological innovations.
• Copyrights – Protect original literary, artistic, and musical works.
• Trademarks – Protect brand names, logos, slogans, and other identifiers.
• Design Rights – Protect the visual design or aesthetics of objects.
• Trade Secrets – Protect confidential business information from being disclosed or used without
  permission

Under the Designs Act, 2000, a design refers to the aesthetic aspects of an article, which include its shape, configuration, pattern, ornamentation, or composition of lines or colours, applied in two- dimensional or three-dimensional forms (or both), by any industrial process or means—manual, mechanical, or chemical.

The focus of design protection is on the visual appeal or aesthetic appearance of a product, not its functionality or technical features. This includes items that are handmade, manufactured by machines, or produced chemically.

Design protection does not apply to:

• Purely functional features (e.g., gears, machine parts that serve only a mechanical purpose);
• Artistic works covered under copyright law;
• Trademarks or logos used for brand identification.

The main goal is to encourage creativity in industrial design and protect those unique appearances from being copied or imitated without permission.

Under Section 2(a) of the Designs Act, 2000, the term “article” is defined as:

“any article of manufacture and any substance, artificial, or partly artificial and partly natural; and includes any part of an article capable of being made and sold separately.”

🔹 Key Components of the Definition:

1. “Article of manufacture”:

• This means the item must be something that is physically made, either by hand or by industrial processes such as machinery or chemicals.
• It refers to things that are tangible (can be touched) and have a specific form or shape.

2. “Substance, artificial or partly artificial and partly natural”:

• The article may be made from completely man-made materials (like plastic or steel), or a
  combination of natural and artificial materials (like wood mixed with resin).
• This ensures that a wide range of materials can be protected under design law.

3. “Includes any part of an article capable of being made and sold separately”:

• Even individual components of a larger product can be considered ―articles‖ if they can be manufactured and sold on their own.
• For example, the handle of a mug or the cap of a pen—if these have a unique appearance and can be sold separately—they can be protected under the Act.

🔹 Purpose of Defining “Article” in Design Law:

The Designs Act protects the aesthetic or visual features of an article, not its functional or technical aspects. By defining what qualifies as an ―article,‖ the Act clarifies which products are eligible for design protection.

Only items that are manufacturable, marketable, and visually perceivable can fall under the purview of this law.

🔹 Examples of Articles:

• A decorative chair (its unique shape or pattern)
• A perfume bottle with an artistic design

• The outer casing of a smartphone
• A unique lamp shade design
• A stylish car headlight that can be sold separately
• A fancy spoon handle sold as part of a designer cutlery set.

🔹 What is not considered an article under the Act?

• Software or digital designs with no physical form
• Purely functional parts with no visual distinctiveness
• Logos or symbols (these fall under trademark law)
• Ideas or concepts that haven’t been turned into physical form

The main purpose of design registration under the Designs Act, 2000 is to provide legal protection to new or original aesthetic designs that are intended to be applied to articles manufactured by industrial processes. The registration ensures that the creator or originator of the design enjoys exclusive rights over its use, preventing unauthorized copying or imitation.

🔹 Detailed Objectives of Design Registration:

1. Protection of Creativity:

• Design registration safeguards the original aesthetic creativity of designers, ensuring their work is not misused or commercially exploited by others.
• It recognizes and rewards the skill, labour, and creativity involved in creating a new design.

2. Exclusive Rights to the Owner:

• Once a design is registered, the owner gains exclusive rights to use, license, or sell the design for a period of 10 years (extendable by 5 more years).
• This gives a commercial advantage in the market and promotes innovation.

3. Prevention of Unauthorized Use:

• Registration helps prevent others from copying, reproducing, or imitating the design without the owner’s permission.
• Legal action can be taken against any infringement.

4. Consumer Appeal & Market Value:

• In many cases, appearance and style influence customer decisions just as much as the product’s function.
• Unique and attractive designs can enhance marketability, brand identity, and consumer appeal.

5. Proof of Ownership:

• The registration certificate acts as legal proof of ownership, making it easier to enforce rights in case of disputes or infringement.
• It helps in building intellectual property assets for a business or individual.

6. Encouragement of Fair Competition:

• By granting temporary monopolies on unique designs, the law promotes fair competition and discourages piracy or design theft in industries.

🔸 Example:

Imagine a company designs a uniquely shaped bottle for a beverage. If that design is registered:

• No competitor can legally copy that bottle shape.
• The original company gains a market edge and brand recognition.
• If someone tries to use the same shape, legal action can be taken.

✅ Conclusion:

The purpose of registering a design is not just about legal protection—it’s about encouraging innovation, rewarding creativity, and ensuring fair commercial use of aesthetic works. It plays a crucial role in today’s design-driven and brand-conscious marketplace.

No, items such as stamps, labels, tokens, and cards generally cannot be considered as ―articles‖ for the purpose of design registration under the Designs Act, 2000.

🔹 Reasoning Behind the Exclusion:

1. Lack of Independent Existence:

• Once the ornamental or decorative design (such as artwork, colour patterns, or printed matter) is removed, only a plain piece of paper, metal, or similar material remains.
• This means that the design is not integral to the article, but merely applied to the surface. Therefore, the item ceases to be a distinctive ―article‖ on its own.

2. Design Must Be Integral to the Article:

• For a design to be eligible for registration, it must be inseparable from the article—it should form a part of its physical shape, configuration, pattern, or ornamentation.
• The aesthetic aspect should be embodied into the article itself, not just printed or affixed onto it.

3. Judicial Precedent:

• In the case of Civil Original Case No. 9-D of 1963 decided by the Punjab High Court, it was held that a design with respect to a label was not registrable.
• The court clarified that the label did not constitute an article under the Designs Act, as it did not have a distinct identity apart from the design applied to it.

🔸 What This Means Practically:

• A label, for example, is just printed material that can be stuck onto a bottle or box. If the design is removed, the label has no unique physical form or identity—it’s just paper.
• In contrast, a specially shaped bottle or a 3D packaging container with unique curves or textures can qualify as an article because its form contributes to the visual appeal, not just surface decoration.

✅ Conclusion:

For design registration:

• The article must have an independent physical existence apart from the design applied to it.
• Stamps, labels, tokens, or cards, being primarily 2D printed items, usually fail to meet this requirement, as their design is not part of the structure but only surface ornamentation.

Thus, such items are not considered valid “articles” under the Designs Act, 2000 for the purpose of registering a design.

No, you cannot register a design that has already been disclosed to the public or published in India or any other country before the date of filing the application.

According to the Designs Act, 2000, for a design to be eligible for registration, it must be:

• New or original
• Not previously published or used
• Not disclosed to the public by any means

🔹 Why is prior disclosure a problem?

1. Loss of Novelty:

• The novelty or originality of a design is a key requirement for registration.
• If a design has already been shown to the public (e.g., in exhibitions, advertisements, online, or in any product), it is no longer considered new or original.

2. Worldwide Disclosure Matters:

• Disclosure is not limited to India alone. If the design was published anywhere in the world, even once, it is not eligible for registration in India.

3. Design Must Be Confidential Until Filing:

• If you intend to register a design, it is important to keep it confidential until you file your design application.
• Once it is publicly visible, competitors can use it, and you lose the exclusive right to claim ownership under design law.

🔸 Legal Reference:

Under Section 4 of the Designs Act, 2000:

“A design which is not new or original or has been disclosed to the public anywhere in India or in any other country by publication in tangible form or by use or in any other way prior to the filing date shall not be registered.”

🔹 Are there any exceptions?

• Yes, in some cases, if the disclosure was made in a government-authorized exhibition and the application is filed within 6 months, it may still be eligible.
• This is called a grace period, but it applies under specific conditions and must be supported by proof.

✅ Conclusion:

You cannot register a design that has already been published, used, or disclosed to the public, whether in India or abroad.

To protect your design:

• Keep it confidential until it is officially registered.
• File your application before any public use or disclosure.

Registering a design under the Designs Act, 2000 provides the creator or proprietor with legal protection and several commercial advantages. It ensures that the aesthetic features of a product—such as its shape, configuration, pattern, or ornamentation—are safeguarded from unauthorized use.

🔹 Key Reasons Why Design Registration is Important:

1. Legal Protection Against Imitation:

•  Once a design is registered, the owner gains exclusive rights to use, manufacture, and sell articles incorporating that design.
• This prevents others from copying, imitating, or commercially exploiting the design without permission.
• Legal action can be taken against infringers.

2. Establishes Ownership:

• Registration serves as official proof of ownership, helping to avoid disputes regarding originality or authorship.
• It simplifies enforcement of rights in case of infringement.

3. Adds Commercial and Market Value:

• A unique and attractive design can significantly enhance the appeal of a product in the market.
• Visually appealing products tend to attract more consumers, thereby increasing sales and profits.

4. Boosts Brand Identity and Recognition:

• Distinctive designs help companies stand out in the market and build a recognizable brand image.
• This contributes to customer loyalty and brand value.

5. Creates Intellectual Property Assets:

• A registered design becomes an intellectual property (IP) asset that can be sold, licensed, or franchised.
• This creates new revenue streams and can increase a company’s valuation.

6. Encourages Innovation and Creativity:

• By protecting original designs, registration motivates creators and designers to innovate without the fear of losing their work to imitation.
• It helps promote fair competition in the design and manufacturing industries.

🔸 Example:
If a company designs a new, stylish water bottle shape and registers it:

• No other company can legally manufacture or sell a bottle with the same design.
• The design becomes part of the company’s brand identity.
• The company can even license the design to other manufacturers for a fee.

Under the Designs Act, 2000, any person claiming to be the proprietor of a new or original design that has not been previously published anywhere in the world, and is not against public order or morality, is eligible to apply for its registration.

🔹 Who is considered a “person” under the Act?

The term “person” is broadly defined and includes:

1. An individual (including Indian citizens or foreign nationals)
2. A firm or partnership
3. A small entity (such as startups or small businesses as per government classification)
4. A body corporate or company
5. A legal representative or assignee of a deceased designer
6. An agent authorized by a Non-Resident Indian (NRI) or foreign applicant

🔸 Eligibility Criteria for Applying:
To be eligible, the applicant must ensure that:

• The design is new or original.
• It has not been disclosed to the public anywhere in the world before the filing date.
• It is not obscene, scandalous, or contrary to public order or morality.
• It is intended to be applied to an article by any industrial process or means.

🔹 Special Notes:

• In the case of a joint creation, both or all creators can apply jointly as co-applicants.
• If the applicant is a foreigner or NRI, the application must be made through an authorized agent or legal representative in India.
• The owner of the design can be different from the actual creator/designer if the rights have been legally assigned.

✅ Conclusion:

Any individual or legal entity who is the rightful owner or proprietor of a new, original, and unpublished design can apply for its registration, provided the design complies with the legal requirements of the Designs Act, 2000. The law also makes provisions for foreign applicants to apply through authorized Indian representatives.

Under the Designs Act, 2000, not all visual designs are eligible for registration. Certain types of designs are explicitly excluded to maintain the focus on industrial applicability and aesthetic originality.

🔹 Designs Not Registrable Under the Act Include:

1. Designs that are not new or original:

• If the design has been previously published, used, or publicly disclosed in India or any other country, it is not eligible for registration.

2. Designs that are not applied to an article by an industrial process:

• The design must be intended for use on a physical article produced in bulk or series using industrial or mechanical means.
• Handmade artworks, paintings, sculptures, or individual art pieces that are not mass-produced are excluded.

3. Designs that are purely functional:

• If the design only serves a technical or functional purpose and has no aesthetic appeal, it is not registrable.
• Example: A gear or mechanical nut shape that serves a function but has no decorative element.

4. Designs that are contrary to public order or morality:

• Any design that is obscene, offensive, or against public sentiment, law, or decency cannot be registered.

5. Designs involving flags, emblems, or national symbols:

• Designs that contain official government symbols, national emblems, currency, or flags of India or other countries are prohibited from registration.

6. Designs that consist of only a method or principle of construction:

• If the design is just a construction technique or engineering mechanism, it cannot be registered under the Designs Act.
• These may fall under patent law, but not design protection.

7. Designs that are not judged solely by the eye:

• The features of the design must be visually appealing and assessed only by appearance.
• If a design is appreciated by touch, sound, or function, it is not registrable.

🔸 Example – Not Registrable:

• A painting intended to hang in a gallery – not eligible.
• A unique engine part with no aesthetic value – not eligible.
• A decorative sculpture made in a single copy by an artist – not eligible under the Act.

Registering the design of an article offers several important advantages that can greatly enhance the value of a product and protect the interests of its creator. Below are the key benefits:

🔹 1. Increased Attractiveness and Marketability

• A well-designed article is visually appealing, making it more attractive to consumers.
• Appeal and aesthetics play a significant role in a product’s saleability. A unique design can differentiate a product from competitors, boosting its marketability and sales potential.

🔹 2. Legal Protection Against Copying or Imitation

• If the design is original and authentic, the owner enjoys exclusive rights over its use.
• The owner can sue anyone who copies, reproduces, or imitates the design without authorization.
• Registration acts as proof of ownership, making legal action easier and more effective in case of infringement.

🔹 3. Protection of Packaging and Images

• The design of packaging and product images is also protected under the design registration.
• Unique packaging can become a key part of a brand’s identity, and registering the design ensures that it remains exclusive to the brand owner.

🔹 4. Alternative to Proving Copyright Validity

• Design registration offers a stronger legal claim than relying on a copyright for protection of the visual appearance.
• Copyright laws protect the original work (e.g., artistic or literary), but design registration specifically protects the aesthetic features applied to a product.
• In case of disputes, design registration is a clear alternative to proving the validity of a copyright claim, as it is registered with the design authority.

🔹 5. Enhances Product Uniqueness

• A registered design helps establish a unique identity for a product, setting it apart from other items in the market.
• The design gives the product distinctive character that is directly associated with the brand.
• Uniqueness rooted in the design fosters brand recognition, and it can become a selling point for consumers looking for distinctive, one-of-a-kind products.

🔹 6. Competitive Advantage

• Having a registered design provides a competitive edge in the market by preventing others from copying the look and feel of your products.
• The registration protects the design from being used by competitors, thereby preserving market share and brand integrity.

To check if a design has already been registered, you can conduct a search in the official design database maintained by the Intellectual Property India (IPO). Here’s how to do it:

Step-by-Step Guide to Search for Registered Designs:

1. Visit the Official Website:

• Go to the Intellectual Property India search page: https://search.ipindia.gov.in/designsearch

2. Select the Search Field:

• In the “Select Search Field” dropdown menu, choose a search criteria that best fits your search needs. You can search by Design Number, Class, Applicant Name, or other fields.

3. Select Comparable Design (Optional):

• If you’re looking for designs that are comparable to the one you’re researching, you can choose this option.
• This helps if you’re searching for similar designs or designs that belong to the same class.

4. Enter Design Number or Other Criteria:

• If you’re searching by Design Number, enter the specific design number if you have it.
• If you’re unsure of the design number, you may need to search by other criteria like applicant name or class.

5. Select the Applicable Class:

• Designs are categorized into various classes based on the nature of the article (e.g., Class 1 for textiles, Class 12 for furniture, etc.).
• You can look up class information through the WIPO Locarno Classification tool: https://locpub.wipo.int/enfr/

6. Choose the Logical Operator:

• Logical operators like AND, OR, or NOT can help refine your search. Use AND to find results containing all the terms, OR to find results with any of the terms, and NOT to exclude specific terms.

7. Enter the Captcha Code:

• To prevent automated bots from misusing the search tool, you will need to enter the captcha code displayed at the bottom of the page.

8. Click on “Get Search”:

• After filling in the necessary details and entering the captcha code, click the “Get Search” button.
• A list of registered designs or applications for design registration will be displayed.

Under the Designs Act, 2000, the applicant for the registration of a design is the person who claims to be the proprietor of the design. The proprietor can be either from India or a Convention Country

(a country that is part of an international agreement like the Paris Convention for the Protection of Industrial Property).

The applicant may fall into one of the following categories:

🔹 1. The Author of the Design:

• The author is the person who has created the design.
• This could be an individual designer or a group of creators who have worked on the design.
• Originality and creativity in the design are critical, and the author is the rightful owner unless otherwise transferred.

🔹 2. A Person Who Has Acquired the Design:

• This refers to someone who has legally acquired the rights to the design from the original creator, often through assignment or purchase.
• If a business buys a design from an independent designer, the business would be the applicant for registration, assuming the design ownership has been transferred.

🔹 3. A Person for Whom the Design Has Been Developed by the Author:

• In many cases, a design is created under contractual obligation or by a designer working for a company.
• If an employee or contractor creates a design during the course of their work, the employer or commissioning party is often the proprietor and the applicant for registration.
• For example, a company that hires a freelance designer to create a new product design would be the applicant once they own the design rights.

🔹 4. A Person to Whom the Ownership of the Design Has Been Legally Transferred:

• If the ownership of a design is transferred (e.g., through inheritance, assignment, or legal agreement), the new owner becomes the applicant.
• The transfer of ownership must be documented legally, and the new proprietor can apply for the design’s registration.
• This could apply in cases where an individual passes on the design rights to their heirs, or when a company acquires a design from an individual creator.

🔸 Who Can Be a Proprietor?

A proprietor can be:

• An individual (designer or creator).
• A corporate entity (company, firm, etc.).
• A legal representative (in case of inheritance or transfer).
• A foreign applicant (from a Convention country), with a representative in India.

The Register of Designs is an official record maintained by the Patent Office (under the Office of the Controller General of Patents, Designs & Trademarks), located in Kolkata, as part of the statutory requirements under the Designs Act, 2000. The register serves as a public record of all designs that have been registered in India.

Key Components of the Register of Designs:
The Register of Designs contains the following critical details:

1. Design Number:

• Each registered design is assigned a unique design number, which helps identify and differentiate designs in the official record.

2. Class Number:

• Designs are classified into different classes based on the nature of the article (e.g., Class 1 for textiles, Class 12 for furniture). The class number is listed for each design, indicating its category.

3. Date of Filing:

• The date on which the design application was filed in India is recorded in the register. This marks the priority date of the design’s registration.

4. Reciprocity Date (if applicable):

• If the design was registered in a Convention Country (a country party to international agreements such as the Paris Convention), the reciprocity date is mentioned. This is relevant when a design is filed in India based on a prior registration in another country.

5. Name and Address of the Proprietor:

• The proprietor (owner) of the registered design is listed, along with their name and address. This provides clarity on the ownership of the design.

6. Other Relevant Information:

• The register may also contain other details that may affect the validity or proprietorship of the design, including assignments, licenses, and any legal disputes or changes in ownership.

Public Access and Inspection:

• The Register of Designs is open for public inspection as part of the transparency of the intellectual property system.
• Anyone interested in accessing the register can do so by visiting the Patent Office and paying a prescribed fee.
• Extracts or copies from the register can also be obtained upon request, subject to a fee, allowing individuals or companies to verify design ownership, validity, and other important details.

Why is the Register Important?

• It serves as the official record of registered designs, providing legal certainty regarding the ownership and protection of designs.
• It is an essential resource for checking whether a design has been registered and to prevent infringement of existing designs.
•  It ensures public disclosure of design information and enhances transparency in the IP system.

Under the Designs Act, 2000, there are two types of applications for the registration of designs, as outlined in Section 5 and Section 44. These types are based on the claim for priority and the origin of the application. The two types are:

🔹 1. Ordinary Application (Section 5):

• An ordinary application is the standard type of application for registering a design under the Designs Act, 2000.

• Key Features:

• This application does not claim priority from any previous application in another country.
• It is simply filed in India, and the date of filing becomes the priority date for the design.

• Procedure:

• The applicant files the application directly with the Indian Patent Office.
• The application will be examined and, if all requirements are met, the design will be registered in India.

• When is it Used?

• This type of application is used when the applicant has not filed for the design in any other country before applying in India.
• It is the most common method of filing for design registration when there is no need for priority based on foreign filings.

🔹 2. Reciprocity Application (Section 44):

• A reciprocity application is an application that claims priority from a previous application filed in a Convention country (countries that are part of international treaties such as the Paris Convention for the Protection of Industrial Property).

• Key Features:

• This application is based on the priority of an application previously filed in a Convention country.
• The priority claim allows the applicant to benefit from the filing date in the convention country.
• The reciprocity application must be filed in India within six months from the date of filing in the convention country.
• This six-month period is strict and cannot be extended.

• Procedure:

• The applicant must provide proof of the earlier filing in a Convention country, and the priority claim will be based on that earlier filing date.
• If the applicant does not meet the six-month deadline, the reciprocity benefit cannot be applied.

• When is it Used?

• This application is used when the applicant has already filed the design in a foreign country that is part of an international agreement (such as the Paris Convention).
•  It is beneficial for applicants who want to protect their design in multiple countries, including India, while maintaining their original filing date.

Comparison of Ordinary vs. Reciprocity Application:

A priority claim refers to the right to claim an earlier filing date for an application that is filed in a foreign country or jurisdiction. This is particularly important for designs, patents, and trademarks.

India is a member of the Paris Convention for the Protection of Industrial Property, an international treaty that provides applicants with the ability to claim priority for their application in other Convention countries.

How Does the Priority Claim Work?

• When an applicant files a design application in one of the contracting states (countries that are part of the Paris Convention), they have the right to claim that filing date for applications in other contracting states, such as India.
• The priority claim allows the applicant to apply for protection in India (or any other Convention country) within six months from the date of the first filing in the foreign country.
• The second application filed within this six-month window will be treated as if it were filed on the same date as the first application. This means the applicant does not lose any rights based on the time gap between the initial foreign filing and the subsequent application in India.

Key Points to Understand About Priority Claim:

1. Eligibility:

• A priority claim can only be made if the applicant has filed the design in a Convention country (such as the United States, Germany, Japan, etc.).
• The applicant must apply in India within six months of the first application in the Convention country.

2. Benefits:

• The applicant’s design will be protected in India from the same date as the first application, even though the application may have been filed later in India.
• The priority claim helps to ensure that applicants don’t lose out on protection in India due to a delay between foreign and domestic filings.

3. Importance for International Protection:

• A priority claim can be useful for businesses and designers who seek to protect their designs across multiple countries. It allows them to maintain the original filing date, ensuring their design is protected internationally from the same initial filing date.

Example of Priority Claim:

• Suppose a designer files a design application in the United States on January 1st, 2025.
• Under the Paris Convention, the designer can apply for design protection in India within six months (i.e., by June 30th, 2025), and claim the January 1st, 2025 filing date as the priority date in India.
• The Indian application will then be treated as if it had been filed on January 1st, 2025, regardless of the actual filing date in India.

The validity of design registration under the Designs Act, 2000 is granted for a period of 10 years from the date of registration. This period may be extended for an additional 5 years by the registered proprietor, subject to certain conditions.

Key Points Regarding the Validity:

1. Initial Registration Period:

• A registered design is initially protected for 10 years from the date of registration.
  o If a priority claim is made (i.e., the design is filed first in a Convention country and priority is claimed in India), the validity period starts from the priority date (the date of the first filing in the Convention country), rather than the Indian filing date.

2. Extension of Validity:

• The registered proprietor can extend the validity of the design for an additional 5 years, bringing the total possible protection period to 15 years.
• The extension is granted upon payment of a prescribed fee (currently INR 2,000 per application for each extension).
• This means that after the initial 10 years, the design owner can request an extension for one further term of 5 years.

3. Conditions for Extension:

• The request for extension must be made before the expiry of the initial 10-year period.
• The design must still be in force and not have been cancelled or invalidated during the registration period.

4. Non-Renewal:

• If the proprietor does not apply for the extension or pay the required fee, the design protection will lapse after the initial 10 years.

Summary:

• Initial Validity: 10 years from the registration date (or priority date if claimed).
• Extension: Can be extended for an additional 5 years, upon payment of the prescribed fee (INR 2,000 per application).
• Total Maximum Validity: 15 years (10 years + 5 years extension).

   

If the registration of a design is not renewed within the required time period (i.e., the additional 5-year extension period), the registration will lapse after the initial 10-year validity. However, there is a provision for the restoration of a lapsed design under certain conditions.

Restoration Process:

1. Eligibility for Restoration:

• If the design registration has lapsed due to non-payment of renewal fees or non-filing of the renewal application before the expiry of the 10-year period (or before the extension period expires), the design owner may apply for the restoration of the lapsed design.

2. Timeframe for Restoration:

• An application for restoration must be submitted to the Controller of Designs within one year from the date on which the design has lapsed.
•  If the application for restoration is filed after the one-year period, the design will not be restored, and the registration will remain lapsed.

3. Required Documents and Fees:

• The restoration application must be filed using the prescribed form (usually Form 20) and the appropriate restoration fees must be paid.
• The form and fees can be found on the official Intellectual Property India website or in the Designs Amendment Rules, 2021.

4. Controller’s Discretion:

• The Controller of Designs has the authority to accept or reject the restoration request, depending on the merits of the case and the circumstances of the lapse.
• The restoration will be granted if the Controller is satisfied that the failure to renew or file the extension was due to unavoidable circumstances.

Important Points to Remember:

• The one-year restoration period is strictly enforced. After one year, the design will no longer be eligible for restoration.
• Restoration does not automatically reinstate the design; it requires the filing of the proper form and payment of the applicable fee.
• Restored designs will be treated as if the registration had been in force without interruption.

For fee Enquiry you may refer this link:
https://ipindia.gov.in/writereaddata/Portal/Images/pdf/The_Designs amendment Rules 2021.pdf

The date of registration refers to the official date when a design is legally recognized and recorded by the Patent Office after the application process is completed and the design is registered.

Key Points:

1. General Date of Registration:

• For most cases, the date of registration is the actual date when the application for design registration is filed with the Indian Patent Office (or the appropriate authority, depending on the jurisdiction).
• This is the filing date, and once the design is accepted and registered, it will be officially recorded from this date.

2. Date of Registration in Case of Priority Claim:

• If the applicant is claiming priority from an earlier application filed in a Convention country (as per the Paris Convention), the date of registration will be considered as the date of filing of the application in the reciprocal (Convention) country.
• This means that, in case of a priority claim, the priority date (the filing date in the foreign country) will serve as the registration date in India, even though the application may have been filed later in India.

The applicant for the registration of a design will receive the certificate of registration after the application process has been completed successfully. Here’s a breakdown of the process:

1. Application Acceptance and Registration:

• Once the application for design registration is filed and found to be in order (i.e., meeting all necessary requirements), the design is accepted by the Controller of Designs and officially registered.
• At this point, the design is legally protected, and the registration process is considered complete.

2. Issuance of the Registration Certificate:

• After the design is accepted and registered, the certificate of registration is issued to the applicant. This serves as the official proof of the design’s registration and protection.

3. Obtaining a Certified Copy for Legal Proceedings:

• While the registration certificate is issued to the applicant, if the applicant requires a certified copy of the certificate for legal proceedings or other formal purposes, a separate request must be made to the Controller of Designs.
• The request should be made using the prescribed form and along with the required fee.
• The certified copy of the certificate can be obtained from the Controller, and it is typically used in cases where the registration needs to be presented in court or legal matters.

While it is not strictly compulsory to mark an article with the registration number of the design, marking the article is highly advantageous for the registered proprietor. Here’s why:

1. Advantageous for Enforcement:

• It is always beneficial for the registered proprietor to mark the article with the registration number of the design (for example, ―Registered Design No. [Number]‖) to indicate that the design is protected under the Designs Act.
• This marking serves as notice to the public that the design is protected and helps in preventing others from inadvertently infringing the design.

2. Infringement and Claiming Damages:

• In the case of an infringement (where someone copies or reproduces the registered design without permission), the design owner may not be able to claim damages unless they can prove that they took proper steps to mark the article with the registration number.
• Without proper marking, it could be more difficult for the owner to prove that the infringer had knowledge of the registered design, which could affect the ability to claim higher damages.

3. Exceptions – Textile Designs:

• There is a special exception for textile designs. In the case of textile designs (such as patterns applied to fabric), the marking of articles with the registration number is not required.

4. Jurisdictional Variations:

• The specific marking requirements may vary depending on the jurisdiction and the nature of the design. While marking is beneficial, the legal obligations regarding marking may differ from country to country.

A registered design under the Designs Act, 2000 is initially valid for 10 years from the date of registration and can be extended for an additional 5 years upon payment of the extension fee. However, if the extension fee is not paid before the expiry of the 10-year period, the registration will lapse.

✅ Restoration of Lapsed Design:

A lapsed design may be restored under the following conditions:

1. Timeframe for Restoration:

• The application for restoration must be filed within one year from the date on which the design registration lapsed due to non-payment of the extension fee.

2. Filing of Application:

• The proprietor must file the restoration application using Form-4, along with the prescribed fee.
• The application must clearly state the reasons for the failure to pay the extension fee on time, supported with sufficient and justifiable grounds (e.g., oversight, illness, unavoidable circumstances, etc.).

3. Controller’s Discretion:

• The Controller of Designs will examine the application and may allow the restoration only if satisfied that the failure to extend the design was unintentional and the application has been made in good faith.

4. Payment of Outstanding Fees:

• If the restoration application is allowed, the proprietor must pay:
  The standard extension fee for the additional 5 years.
  Any additional fee (as prescribed) for restoration.

5. Effect of Restoration:

• Once restored, the design will be considered as if it had never lapsed, and the protection is reinstated for the remaining period of the extension.

Yes, the registration of a design can be cancelled under certain conditions, as per the provisions of the Designs Act in India. A petition for cancellation must be filed in Form 8 with the Controller of Designs, and a prescribed fee must be paid. The grounds for cancellation can include:

1. Prior Registration: The design was already registered in India before the application for the design registration.

2. Public Disclosure Before Registration: The design was disclosed to the public in India or elsewhere before the filing of the registration application.

3. Lack of Novelty or Originality: The design is not new or original, meaning that it is similar to pre-existing designs.

4. Non-compliance with Registration Criteria: The design does not meet the legal requirements for registration, such as novelty, uniqueness, or being a product of industrial application.

5. Non-fulfilment of the Legal Definition of a Design: The design does not meet the definition provided in Section 2(d) of the Designs Act, which refers to “the features of shape, configuration, pattern, ornamentation, or composition of lines or colours applied to any article.”
If any of these reasons are valid, the Controller of Designs can cancel the registration.

Yes, registered designs are open for public inspection, but only after they have been published in the official journal. This publication serves as the formal notice that the design has been registered, and after this point, anyone interested can request to view the details of the registered design.

To access a registered design, the person must submit a request using Form-5, along with the prescribed fee.

For fee Enquiry you may refer this link: https://ipindia.gov.in/writereaddata/Portal/Images/pdf/The_Designs amendment Rules 2021.pdf

Yes, the same applicant can file another application for the same design if the prior application has been abandoned. Since the abandoned application is not published by the Patent Office, it does not affect the applicant’s ability to reapply.

However, there are a few important conditions to consider:

1. Eligibility Criteria: The design must still meet all the eligibility requirements for registration, such as being new, original, and industrially applicable.

2. No Conflicting Registration: The applicant must ensure that no one else has registered a similar design in the meantime. If another party has filed for a similar design and obtained registration, the applicant may not be able to reapply for the same design.

In essence, the applicant is allowed to refile as long as the design is still eligible for registration and hasn’t been pre-empted by someone else’s application.

Once a design is registered, it grants the legal right to the registered proprietor to take action against anyone who infringes upon that design. This right allows the proprietor to:

1. Initiate Legal Action: The registered proprietor can bring a lawsuit in court (not lower than the District Court) to stop others from exploiting or using the registered design without permission.

2. Claim Damages: If infringement occurs, the proprietor can claim damages for the loss caused by the unauthorized use of their design.

However, it’s important to note:

• If a design is not registered under the Designs Act, 2000, the owner has no legal recourse to stop infringement, as there’s no protection available under the Act.
• The Patent Office plays no role in enforcing the rights or handling exploitation issues once the design is registered. Its responsibility is limited to registering designs, and it doesn’t get involved in any legal disputes, commercialization, or enforcement activities related to the design.

So, while registration provides protection, it’s up to the proprietor to enforce their rights in the court if someone infringes on their registered design.

Filing the application for registration of a design at the earliest possible moment is important because of the first-to-file rule. Under this rule:

• Priority of Filing: If two or more applicants file for registration of the same or a similar design, the first application filed will take priority and will be considered for registration.

• Risk of Losing Protection: If another party files first, your design may not be eligible for registration, even if your design is actually original or innovative. Essentially, you could lose the exclusive rights to your design if someone else beats you to the filing.

Therefore, filing early not only ensures that you have a better chance of securing exclusive rights over your design but also helps to prevent others from registering it first, which could potentially block your design from being protected under the law.

The application for registration of a design can be filed either by the applicant themselves or through a professional person, such as:

• A patent agent
• A legal practitioner

However, there are additional requirements for applicants who are not residents of India:

For non-resident applicants, it is mandatory to appoint an agent who resides in India to file the application on their behalf. This ensures that the application is processed within the legal framework of India, and it simplifies communication between the applicant and the Patent Office.

Yes, there is a possibility of extending the time period for submitting priority documents if they were not filed within the initial timeframe.

• The priority documents may still be filed within 3 months from the expiry of the original time period.

• To obtain this extension, the applicant must file Form-18 along with the prescribed fee to the Controller of Designs.

This extension provides some flexibility, but it’s essential to ensure that the documents are submitted within the additional 3-month period to avoid any issues with the registration process.

For fee Enquiry you may refer this link: https://ipindia.gov.in/writereaddata/Portal/Images/pdf/The_Designs amendment Rules 2021.pdf

No, it is not mandatory to manufacture the article using an industrial process before applying for registration of a design. A design refers to the conception, suggestion, or idea of a shape, configuration, pattern, or ornamentation that can be applied to an article by industrial process or means. This means:

• You can apply for registration based on the design concept alone, even if the article hasn’t been physically produced yet.
• What matters is that the design must be capable of being applied to an article through an industrial process — not that it has already been applied.

So, if you have a new and original design idea, you’re eligible to file an application to protect it before going into production.

Design applications can be filed in two ways:

1. Physically: The application can be submitted in person to the Controller General of Patents, Designs, and Trademarks at the relevant office.

2. Online: Alternatively, the application can be filed online through the e-filing gateway available on the official IP India website.

Here is the link to the online filing portal for design registration:

https://online.ipindia.gov.in/eDesign/goForLogin/doLogin

In order to process the Design applications faster, the applicants are hereby requested to Submit/upload the following documents. The applicants are also advised to submit the original documents duly signed for offline filing of the application(s).

1. Form-1 in the prescribed format [as in Schedule-II of the Designs (Amendment) Rules, 2021] along with prescribed fees (as per Schedule I).

2. Representation sheets should be prepared as prescribed under Rule 12, 13 and 14 of the Designs Rules, 2001.

3. Form-21 (Power of Authority/General Power of Authority) in original (if filed through patent agent/advocates) (as in Schedule-II). If the applicant files copy of General Power of Authority (GPA), it should be endorsed with the design application number, with which the original GPA has been filed.

4. Form-24 in prescribed format [if applicant (or one of the applicants) is a Small Entity or a Start-up] (as in Schedule-II):

• It should be accompanied with documentary evidence in respect of registration under MSME Act, 2006 or in respect of recognition as a Start-up (as the case may be) in case of Indian entities.
• It should be accompanied with affidavit deposed by the applicant or authorised signatory as prescribed under Rule 42 of the Designs Rules in case of Foreign entities.

5. Original certified copy of priority document as prescribed under Rule 15 of the Designs Rules (in case of applications filed in India through reciprocal arrangement under Section 44 of the Designs Act, 2000).

6. However, instead of submitting certified copy of priority document in paper format, the applicant may provide the WIPO-DAS Code during filing of design application.

7. Authenticated English translated copy of the priority document (if original priority document is in language other than English).

8. Assignment document in original (if the applicant of first/priority application in convention country is different from that of Indian application).

The following items cannot be registered as design:

• Books, jackets, calendars, certificates, forms and other documents, dressmaking patterns, greeting cards, leaflets, maps and plan cards, postcards, stamps, medals.
• Labels, tokens, cards, cartoons, any principle or mode of construction of an article.
• Mere mechanical contrivance (mechanical machinery).
• Buildings and structures.
• Parts of articles not manufactured and sold separately.
• Variations commonly used in the trade.
• Mere workshop alterations of components of an assembly.
• Mere change in size of article.
• Flags, emblems or signs of any country.
• Layout designs of integrated circuits.

Under the Designs Act and Rules in India, a single design application cannot be filed for registration under multiple classes. Each design must be registered in one specific class as per the classification system prescribed under the Third Schedule of the Designs Rules, which is primarily based on the Locarno Classification – an international system used to classify goods for the purposes of the registration of industrial designs.

In cases where a design could seemingly fall under more than one class due to its characteristics or usage, there may be ambiguity regarding the appropriate class for registration. In such situations, the applicant may seek guidance, or the matter may be referred to the Controller of Designs, who is the authority empowered to make a final determination on the correct class in which the design should be registered.

This ensures that each design is systematically categorized, avoiding duplication and confusion during the examination and registration process. Therefore, if a design is intended to be used for articles in different classes, separate applications must be filed for each class.

Yes, Corrections can be made in Design application. When a request is made under Form 14, urging the Controller to correct any clerical error in the representation of the design with the required fees, the Controller must approve this change. Once approved, this modification is entered into the register for Designs. 

For fee Enquiry you may refer this link :

https://ipindia.gov.in/writereaddata/Portal/Images/pdf/The_Designs__amendment___Rules__2021.pdf

Yes, a Digital Signature Certificate (DSC) is required to file a design application online through the official e-filing system of the Indian Patent Office. The DSC ensures the authenticity and integrity of the documents submitted electronically, and it must be obtained from a licensed certifying authority in India.

In addition to having a valid DSC, the applicant must also create an account on the Designs e-filing portal to initiate the application process. This account is necessary for uploading documents, tracking application status, and receiving official communications.

However, if the applicant chooses to file the design application through a registered patent agent or legal professional, the agent can use their own DSC to file the application on behalf of the applicant. In such cases, the applicant themselves is not required to obtain a DSC, which can simplify the process significantly.

It is generally advisable to seek professional assistance, especially for first-time applicants, to ensure proper classification, documentation, and compliance with legal requirements during the design registration process.

Once the application is filed, the process for Design registration necessitates the payment of requisite fees. These fees cover the costs associated with processing the application, conducting examinations, and other administrative functions. It’s important to know the fee structure that applies to you, which depends on factors like the type of entity you are (individual, company, etc.) and how many different classes your design falls under. You can find more information about the fee structure on the official website of the Intellectual Property Office of India. https://ipindia.gov.in/designs-act-2000.htm

Name and address of the registered proprietor, or address for service can be altered in the register of designs. But this change can’t happen if it involves transferring ownership to someone else through things like selling it or giving it away in a legal document. To make this change, you need to fill out a form called Form-22 and pay a fee. Then, you submit it to the Controller of Designs along with any documents they need to process the request.

Information regarding the registration of a design can be accessed through the Official Journal of The Patent Office, which is published weekly, typically every Friday. Once a design is registered, a representation (usually the best view) of the article, along with key bibliographic details such as the registration number, class, date of registration, name of the applicant, and title of the article, is published in this journal.

The Official Journal is available online on the website of the Office of the Controller General of Patents, Designs and Trade Marks (CGPDTM), and it serves as a public record to inform stakeholders and the general public about newly registered designs.

Additionally, more detailed information about a registered design can be obtained by conducting a search in the Design Search section of the official IP India website. This facility allows users to search for designs using various filters such as application number, applicant name, class, and date range.

Yes, it is possible to register additional designs within the same class. When an applicant creates multiple designs that are similar but distinct—for example, variations of the same article—they can file separate design applications for each of them within the same class by paying the prescribed fees for each application.

However, it’s important to distinguish between an ―additional design‖ and a ―modification‖ of an existing design. If the new design is only a slight variation of a previously registered one, it must still be treated as a new application and cannot be simply added to the existing registration.

Also, each registered design is independent and will have its own term of protection (10 years from the date of registration, extendable by 5 years). It is not the case that the new design’s validity depends on the term of the original design—it gets its own term from the date of its own registration.

The design should be new or original, not previously published or used in any country before the date of application for registration. The novelty may reside in the application of a known shape or pattern to new subject matter.

The design should relate to features of shape, configuration, pattern or ornamentation applied or applicable to an article.

The design should be applied or applicable to any article by any industrial process.

The features of the design in the finished article should appeal to and are judged solely by the eye. This implies that the design must appear and should be visible on the finished article, for which it is meant.

Any mode or principle of construction or operation or anything which is in substance a mere mechanical device, would not be a registrable design. For instance a key having its novelty only in the shape of its corrugation or bent at the portion intended to engage with levers inside the lock associated with, cannot be registered as a design under the Act.

The design should not include any Trade Mark or property mark or artistic works as defined under the Copyright Act, 1957.

Piracy of a design refers to the unauthorized use of a registered design without the consent of the registered proprietor. Specifically, it involves the application or imitation of a registered design to any article within the class in which the design has been registered, for the purpose of manufacturing, selling, or importing such articles for commercial use.

Under Section 22 of the Designs Act, 2000, the following acts constitute piracy of a design:

1. Applying a registered design or its obvious imitation to any article without the consent of the registered owner;

2. Importing for the purpose of sale any article bearing a design which is a copy or imitation of the registered design;

3. Publishing or exposing for sale such infringing articles, with knowledge of the unauthorized use of the design.

Anyone found guilty of design piracy is liable to pay damages to the registered proprietor and may be restrained by injunction from continuing such acts. The Act also prescribes a monetary penalty for each contravention, which can be claimed through civil proceedings.

If anyone violates the intellectual property of a design, they are liable to pay a sum not exceeding Rs. 25,000/- for each offense to the registered proprietor, with a maximum limit of Rs. 50,000/- recoverable as a contractual debt for any single design. The registered proprietor has the right to initiate legal action to recover damages for such violation and seek an injunction to prevent its recurrence. However, the total amount recoverable as contractual debt should not exceed Rs. 50,000/- as stated in Section 22(2)(a). Furthermore, suit for infringement, recovery of damages, etc., should not be filed in any court lower than the court of the District Judge.

The applications for registration of Designs applied to articles are classified according to the Third Schedule of Designs Rules, 2001, using the Locarno Classification system. Only one class number must be mentioned in each application, as mandated by the Rules. This classification is based on the specific articles to which the design is applied.

For example, if the design is applied to a toothbrush, it would be classified under class 04-02. Similarly, if the design is applied to a calculator, it would fall under class 18-01. Subsequent applications by the same proprietor for the registration of the same or similar design applied to any article of the same class are possible. However, the period of registration will only be valid up to the period of the previous registration of the same design.

Yes, it is possible to transfer the rights through assignment, agreement, or transmission, either in writing or by operation of law. However, certain restrictive conditions, which are not related to the protection of the registered design, should not be included in the terms and conditions of the contract or agreement. An application in Form-10, along with the prescribed fees for the first design and appropriate fees for each additional design, is required for the registration of the transfer documents. This application must be made by the beneficiary to the Controller within six months from the date of execution of the instruments or within a further period not exceeding six months in total. An original or notarized copy of the instrument to be registered must be enclosed with the application.

An application for the registration of a design can be filed either by the applicant directly or through an authorized professional, such as a registered patent agent or a legal practitioner. The Designs Act, 2000 allows individuals, companies, and other legal entities to submit their applications on their own, provided they comply with the formal requirements and procedures set by the Indian Patent Office.

However, in the case of applicants who are not residents of India, it is mandatory to act through an agent who resides and practices in India. This ensures smooth communication and compliance with procedural requirements during prosecution and examination of the design application.

Engaging a professional is often advisable—even for Indian residents—as it helps ensure proper drafting of representations, accurate classification, and timely responses to any objections or formalities raised by the Controller.

The registration of a design grants the registered proprietor the exclusive right, referred to as

―copyright in the design,‖ for the duration of the registration. Under the Designs Act, 2000, this copyright provides the legal authority to exclusively apply the registered design to any article belonging to the class in which the design has been registered.

This exclusive right includes:

• The sole right to reproduce, apply, or publish the design on the relevant class of articles;
• The ability to prevent others from copying, imitating, or using the registered design without consent;
• The right to license the design or assign it to others for commercial

Initially, the registration is valid for a period of 10 years from the date of registration, which can be further extended by 5 years upon request and payment of the prescribed fee.

No, it is not possible to re-register a design once the term of copyright protection has expired. Under the Designs Act, 2000, the total term of protection for a registered design is a maximum of 15 years—an initial period of 10 years, extendable by an additional 5 years upon request.

Once this term expires, the design enters the public domain, meaning it can be freely used by anyone and cannot be claimed again for exclusive rights by the original proprietor or any other person. Re-registration of the same design after the expiration of its full term is not permitted under the law.

This ensures a balance between the rights of the creator and public access to creative works after a reasonable period of protection

 Step: 1 Design Search:

This step is of utmost importance before filing a Design application, as it aids the owner in determining whether there exists another design that closely resembles the owner’s mark. Merely having a unique design in mind does not guarantee that it is not already registered by another, making the Design search an essential and unavoidable process. This search can be conducted either through the Controller of Designs, Patent Office, or via the Online Portal at https://search.ipindia.gov.in/designsearch.”

Step: 2 Filling of application:

An application shall be filed in Form-1, along with the prescribed fees, stating the full name, address, nationality, name of the article, class number and address for service in India. Foreign applicants must also provide an address for service in India. This address can be that of their agent in India. For foreign applicants, providing an address for service in India is mandatory. Unless, such an address is provided, the Office shall not proceed with the application.

Step: 3 Examination of application:

The application is referred by the Controller of Designs to an Examiner of Designs for conducting an examination to determine whether the application and the documents satisfy the formal requirements and whether such design as applied to an article/product can be registered under the provisions of the Designs Act, 2000 and Designs Rules, 2001.

Step: 4 Formality Check:

The Examiner determines whether:

• Submission of Application in the prescribed format
• Payment of prescribed fee
• The application contains the name, address, and nationality of the applicant
• The application contains the address for service
• The application contains the Declaration of proprietorship
• The representation sheet is as prescribed in Rule 14
• Power of authority, if applicable, has been filed

Step: 5 Substantive Examinations:

Substantive examination is carried out to ascertain whether the proposed design is:

• Eligible for protection under the Act
• New or original
• Not contrary to public order or morality
• Does not pose a threat to the security of India

Step: 6 Reply to the Objection

Applicant shall file the reply of the objection raised in the examination report within one month.

If the applicant fails to comply with the objections or fails to apply for a hearing within three months from the date of communication of statement of objections, the application shall be deemed to be withdrawn.

Step: 7 Hearing notice

On consideration of response of the applicant, if the

Controller is of opinion that the requirements of Act and Rules have not been met, the fact shall be communicated to the applicant clearly mentioning that the application is liable to be refused for reasons to be detailed and fixing a date for hearing.

If the applicant fails to appear for the hearing without any request for adjournment, the application shall be refused giving a reasoned order.

Step: 8 Registration & publication

If the applicant complies with all the requirements laid down under the Act and Rules, communicated in the form of statement of objections, the application shall be registered forthwith.

Once an application is registered, it is published in the Patent Office Journal ordinarily within one month. The registration number is same as the application number.

Reciprocity Application means an application in India under section 44 of the Designs Act. A person, who has applied for protection of a Design, in any of the convention countries or group of countries or countries which are members of intergovernmental organizations, may file an application for registration of the same design in India, within six months from the date of priority. Such applications are called reciprocity applications.