The Designs Act, 2000 defines design as “the features of shape, configuration, pattern, ornament or composition of lines or colors applied to any article whether in two dimensional or three dimensional or in both forms, by any industrial process or means...”
To be eligible for registration, a design needs to be original and undisclosed to the public in any tangible form. It should be significantly distinguishable from other known designs or combinations thereto. It should also be kept in mind that the design does not contain any obscene or scandalous matter.
An application in the prescribed form along with the fee shall be filed at the Patent Office. Designs are classified into multiple classes as per the Locarno Classification, and one application has to be filed for each class in which registration is required. In case of doubt as to the appropriate class, the controller’s decision is final. It is important that the application is filed in the correct class to ensure appropriate protection for the design.
After filing of the Application, the Controller refers the application to an examiner for formal requirements and to ascertain whether the design is capable of being registered and considers the report of such reference before allowing or rejecting the application.
The controller may accept or refuse to register the design, and, on such refusal, the aggrieved person may appeal to the High Court.
After the design is registered, the Controller causes the prescribed particulars of the design to be published and thereafter the design is open to public inspection.
The Controller grants a Certificate of Registration upon registration of the design to the proprietor of the registered design.
The proprietor of a registered design shall have a copyright in the design for 10 years from the date of registration. Term of the design registration can be extended by further 5 years if before the expiry of the initial term an application for extension of the term is filed before the controller.
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