Primary object of a design registration is to protect visual appearance of a product i.e. shape and configuration of a product, and not functional aspect of a product.

In India, The Design Act, 2000 offers design registration that provides protection for visual appeal/appearance of a novel product.

Our Design Services Include:

  1. Advising on best practices to protect registered and unregistered designs
  2. Planning & implementing protection strategies globally
  3. Preparing, filing & prosecuting design applications
  4. Searching for competitor designs to manage risks
  5. Advise on infringement and validity

Design’ means only the features of shape, configuration, pattern or ornament or composition of lines or colour or combination thereof applied to any article whether two dimensional or three dimensional or in both forms, by any industrial process or means, whether manual, mechanical or chemical, separate or combined, which in the finished article appeal to and are judged solely by the eye, but does not include any mode or principle or construction or anything which is in substance a mere mechanical device, and does not include any trade mark, as define in clause (v) of sub section of Section 2 of the Trade and Merchandise Marks Act, 1958, property mark or artistic works as defined under Section 2(c) of the Copyright Act, 1957.

Object of the Designs Act is to protect new or original designs so created to be applied or applicable to particular article to be manufactured by Industrial Process or means. Sometimes purchase of articles for use is influenced not only by their practical efficiency but also by their appearance. The important purpose of design Registration is to see that the artisan, creator, originator of a design having aesthetic look is not deprived of his bonafide reward by others applying it to their goods.

A design should:

  • Be new or original registration
  • Not been disclosed to the public anywhere by publication in tangible from or by use or in any other way prior to the filling date, or where applicable, the priority date of the application for registration.
  • Be significantly distinguishable from known designs or combination of known designs.
  • Not comprise or contain scandalous or obscene matter.
  • Not be a mere mechanical contrivance.
  • Be applied to an article and should appeal to the eye.
  • Not be contrary to public order or morality.
  • Not be prejudicial to the security of India

The Register of Designs is a document maintained by the Patent Office, Kolkata, as a statutory requirement. It contains the design number, class number, date of filing (in India), reciprocity date (if any), name and address of proprietor and other such information as would affect the validity of proprietorship of the Design.

The registration of a Design confers upon the registered proprietor 'Copyright' in the design for the period of registration. Copyright means the exclusive right to apply a Design to the article belonging to the class in which it is registered.

Artistic works that are not capable of being applied on an article by an industrial process are not considered as subject matter of a Design registration.

In case of piracy of registered Design, a suit for injunction and/or recovery of damages may be instituted against the Person in any court not below the court of District Judge.
Section 22 of the Design Act 2000 provides the legal proceedings to be followed in case of Piracy of Registered Design.