Introduction

The Designs Act, 2000, governs the protection of industrial designs in India. It replaced the earlier Designs Act of 1911 to align with international standards, encouraging innovation and creativity in various industries. This guide covers the Act’s objectives, definitions, registration process, rights conferred, and notable case laws.

Objectives of the Designs Act, 2000

• Protection of New or Original Designs: Ensures legal safeguarding of novel designs.
• Encouragement of Design Activity: Promotes design innovation in industries.
• Prevention of Design Piracy: Deters unauthorized copying of registered designs.

Definition of ‘Design’ Under the Act

As per Section 2(d):

“Only the features of shape, configuration, pattern, ornament, or composition of lines or colors applied to any article, whether in two-dimensional or three-dimensional form, which in the finished article appeal to and are judged solely by the eye.”

• Must be applied to an article.
• Must be aesthetic in nature.
• Should not be purely functional.

Registration Process

1. Application Submission: File an application with a prescribed fee and design representation.
2. Examination: Checked for novelty, originality, and non-conflict with existing designs.
3. Publication: Accepted designs are published in the official journal.
4. Registration & Certificate Issuance: If no objections arise, a registration certificate is issued.

Validity: 10 years, extendable by 5 years.

Rights Conferred by Registration

• Exclusive rights to apply the design to the registered article.
• Rights to reproduce, import, sell, or distribute articles bearing the design.
• Unauthorized use by third parties constitutes infringement.

Grounds for Cancellation of Registration

• Previously registered in India.
• Published before the registration date.
• Not new or original.
• Does not meet the definition of ‘design’ under Section 2(d).

Piracy of Registered Design (Section 22)

Any unauthorized application, import, or sale of a registered design leads to:

• Liability up to ₹25,000 per infringement.
• Legal actions including injunctions and damages.

Notable Case Laws

• Bharat Glass Tube Ltd. v. Gopal Glass Works Ltd. (2008): Prior foreign publication does not invalidate Indian registration.
• Havells India Ltd. v. Panasonic Life Solutions (2022): Protection scope clarified for ceiling fan designs.
• Microfibres Inc. v. Girdhar & Co. (2009): Differentiation between copyright and industrial design protection.

Fee Structure for Design Registration in India

Design Infringement Remedies

Civil Remedies (Section 22)

• Injunction: Court order to stop the infringer.
• Damages: Compensation for financial losses.
• Seizure of Infringing Goods: Confiscation of copied designs.

Criminal Remedies

• Prosecution under IPC Sections 420, 482 (Fraud & Counterfeiting).
• Seizure of counterfeit goods under the Customs Act.

Appeal Process for Design Disputes

Appeal Against Design Rejection

1. Review with Controller: File within 1 month.
2. High Court Appeal: If review is denied, appeal within 3 months.

Appeal Against Design Cancellation

A registered design can be challenged based on:

• Lack of novelty.
• Prior publication.
• Functional (not aesthetic) design.

Classification of Designs in India (Class 1 to 32)

India follows the Locarno Classification for design registration. Examples of categories:

Conclusion

The Designs Act, 2000 offers strong legal protection against unauthorized copying. Industries reliant on aesthetics, such as fashion, automobiles, and consumer goods, should register their designs to ensure exclusivity and legal security.