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The Designs Act, 2000

Under, the Designs Act 2000, a Design registration can now be obtained for new or original features of shape, configuration pattern, ornamentation or composition of lines or colours as applied to an article, whether in two or three dimensions or both. A Design is something which determines the appearance of an article, or some part of an article. Designs are applied to an article with the objective of ornamenting and beautifying the article. If a particular feature is so applied on an article that it does not appeal to the eye at all and is incapable of attracting a prospective consumer in any manner for the purchase thereof, then such feature will not fall within the scope of a design. A visual characterization of an article which influences a person to purchase an article in preference to other articles which are identical in function but differ in appearance, such characterization would also meet the criteria of a design.

For registration of industrial design, under the Designs Act, 2000 following points must be adhered to:

  • Design should be new or original, not previously published or used in any country before the date of application for registration.
  • Design should relate to features of shape, configuration, pattern or ornamentation, composition of lines or colours applied to an article.
  • Design should be applied to any article by any industrial process or means whether manual, mechanical, chemical, separate or combined.
  • Design should not be linked to any functional aspect of the article.

The following cannot be protected:

  • A manufacturing process
  • Functional features of an article
  • A principle of construction, or how an article is built
  • The materials used in the construction of an article
  • The useful purpose (functionality) the design serves or is intended to serve
  • Colour per se or Ideas

Registration of a design lasts for 10 years from the date of registration which can then be renewed for another 5 years. However total term for registration cannot exceed 15 years be renewed for another 5 years. However total term for registration cannot exceed 15 years.