DESIGNS

Indian design law is governed by the Designs Act, 2000, which aims to protect the visual and aesthetic aspects of industrial products. A design refers to the features of shape, configuration, pattern, ornament, or composition of lines or colors applied to an article—whether two-dimensional or three-dimensional—by any industrial process, judged solely by the eye.

Key highlights include:

· Scope of Protection: The Act protects designs that are new or original, not previously published, and which can be applied to an article or capable to be applied by industrial process or means. It excludes trademarks, property marks, and artistic works under the Copyright Act, 1957.

· Eligible Articles: The term “article” includes any manufactured item or its parts, whether artificial, natural, or a combination, provided the design is integral to the article’s appearance.

· Registration & Duration: Upon successful application, the design is registered and granted a form of “copyright” for 10 years, extendable by 5 more years. The registration confers exclusive rights to apply the design to the registered class of articles.

· Cancellation & Restoration: Designs may be cancelled on grounds including but not limited to lack of novelty or prior publication. Lapsed designs due to non-payment of renewal fees may be restored within one year, subject to conditions.

· Assignment & Transfer: Rights in a registered design can be transferred through assignment, agreement, or transmission, with proper documentation and registration.

· Classification: Designs are categorized under the Locarno Classification system, as per the Third Schedule of the Designs Rules, 2001.

The Act emphasizes the importance of early filing under the “first-to-file” rule and encourages creators to protect the aesthetic value of their industrial innovations.