Industrial Designs Law in India
In India, the protection of industrial designs is governed by the Designs Act, 2000, along with the Designs Rules, 2001 (amended in 2008 and 2014). These laws are administered by the Office of the Controller General of Patents, Designs and Trade Marks (CGPDTM), under the Department for Promotion of Industry and Internal Trade (DPIIT), Ministry of Commerce and Industry.
🖌️ What Is an Industrial Design?
An industrial design refers to the aesthetic or ornamental aspects of an article, including:
Shape
Configuration
Pattern
Ornamentation
Composition of lines or colors
These features must appeal to and be judged solely by the eye. Functional aspects of a design are not protected under the Designs Act; such features are subject to patent protection.
✅ Requirements for Protection
To qualify for protection under the Designs Act, 2000, a design must:
Be new or original
Not have been disclosed to the public in any form, anywhere in India or elsewhere, before the date of filing
Not be contrary to public order or morality
Be applied to an article and appeal to the eye
Not be a mechanical contrivance
Not be a mere trademark or property mark
The Act provides a six-month grace period for designs disclosed at government-notified exhibitions, allowing for protection if the application is filed within six months of the first exhibition.
📝 Registration Process
The steps to register an industrial design in India are:
Application Submission: File an application with the prescribed fee and design representation.
Examination: The application is examined for novelty, originality, and compliance with legal requirements.
Publication: Accepted designs are published in the official journal.
Registration & Certificate Issuance: If no objections arise, a registration certificate is issued.
⏳ Duration and Renewal
Initial Protection: 10 years from the date of registration.
Renewal: An additional 5 years, totaling a maximum of 15 years.
⚖️ Enforcement and Remedies
The Designs Act, 2000 provides for civil remedies in case of infringement, including:
Injunctions
Monetary compensation (either as contract debt or damages)
Accounts of profits
Actions for infringement can only be initiated after the design is registered. The Act does not provide for criminal remedies.
🌍 International Protection
India is a member of the Paris Convention for the Protection of Industrial Property and the World Trade Organization (WTO), adhering to the Trade-Related Aspects of Intellectual Property Rights (TRIPS) agreement. In 2019, India acceded to the Locarno Agreement, which establishes an international classification for industrial designs. This accession aligns India's design classification system with international standards, facilitating global protection and recognition of Indian designs.
RELATED Blog
0 comments