The law relating to protection of designs in India is governed by the Designs Act, 2000, which came into force on 11th May, 2001, replacing the earlier Designs Act of 1911. The Designs Act, 2000 was enacted to provide more effective protection to industrial designs in India and to bring Indian law in conformity with international standards, particularly the TRIPS Agreement (Agreement on Trade Related Aspects of Intellectual Property Rights) under the World Trade Organization (WTO).
A design is one of the most important forms of intellectual property as it protects the visual appearance of a product — the way it looks — rather than its functional aspects. The protection of designs encourages creativity and innovation in the industrial and commercial sectors.
Meaning and Definition of Design
Under Section 2(d) of the Designs Act, 2000, "design" means:
"Only the features of shape, configuration, pattern, ornament or composition of lines or colours applied to any article whether in 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."
In simple terms, a design refers to the aesthetic or ornamental features of a product that:
- Appeal to the eye
- Are applied to an article by an industrial process
- Include shape, configuration, pattern, ornament, or composition of lines or colours
What is NOT a Design
The definition under Section 2(d) specifically excludes the following from the definition of design:
- Any mode or principle of construction or anything which is in substance a mere mechanical device
- Any trademark as defined under the Trade Marks Act
- Any artistic work as defined under the Copyright Act, 1957
- Any property mark as defined under the Indian Penal Code
Registrable Designs — Section 4
Under Section 4 of the Designs Act, a design is registrable if it is:
- New or original — The design must not have been published or used previously in India or anywhere in the world
- Not previously published in India — The design must not have been disclosed to the public before the date of application
- Significantly distinguishable from known designs or combinations of known designs
- Not contrary to public order or morality
Registration of Designs
Application for Registration — Section 5 An application for registration of a design must be made to the Controller of Designs at the Patent Office (Designs Wing) in Kolkata. The application must:
- Be in the prescribed form
- Contain a representation of the design
- Specify the article to which the design is to be applied
- Pay the prescribed fee
Examination of Application The Controller examines the application to ensure that the design is registrable. If satisfied, the Controller registers the design and issues a certificate of registration.
Classification of Articles Articles are classified into 31 classes as per the Locarno Classification for the purpose of registration of designs.
Duration of Protection
Under Section 11 of the Designs Act:
- A registered design is initially protected for 10 years from the date of registration
- It can be renewed for a further period of 5 years upon payment of the prescribed fee
- Total maximum protection = 15 years
After the expiry of the period of protection, the design falls into the public domain and can be used by anyone.
Rights of the Registered Proprietor
The registered proprietor of a design has the exclusive right to:
- Apply the design to the article in respect of which it is registered
- Sell articles to which the design has been applied
- Import articles to which the design has been applied
- License others to use the design
Piracy of Registered Design — Section 22
Under Section 22, any person who:
- Applies a registered design to any article for commercial purposes without the license of the registered proprietor, OR
- Imports, sells, or lets for hire any article to which a registered design has been applied without authority
is liable for piracy of registered design. The registered proprietor can recover:
- Damages up to ₹50,000 per contravention in a suit for piracy
- An injunction restraining further infringement
Cancellation of Registration — Section 19
Any person interested can apply to the Intellectual Property Appellate Board (IPAB) (now the High Court after IPAB was abolished) for cancellation of registration of a design on the following grounds:
- The design was not new or original at the date of registration
- The design had been published in India before the date of registration
- The design is not a design as defined under the Act
- It is not registrable under the Act
Important Case Laws
1. Bharat Glass Tube Ltd. v. Gopal Glass Works Ltd. (2008) The Supreme Court held that for a design to be registered, it must be new and original and must not be a mere workshop variation of an existing design. The court laid down important principles for determining originality of designs.
2. Micolube India Ltd. v. Rakesh Kumar (2013) The Delhi High Court held that the test for design infringement is whether the impugned design is substantially similar to the registered design — creating the same visual impression in the mind of an informed user.
Conclusion
The Designs Act, 2000 provides a comprehensive framework for the protection of industrial designs in India. By granting exclusive rights to the creator of a new and original design, the Act encourages creativity and innovation in product design and helps Indian industry compete effectively in domestic and international markets. The protection of designs is an important component of India's intellectual property regime and plays a vital role in promoting industrial development and commercial creativity.
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