By
Vijay Pal Dalmia, Advocate
Supreme Court of India & Delhi High court
Partner: Vaish Associates Advocates
Email: vpdalmia@vaishlaw.com
Mobile: +919810081079
Industrial Designs
The TRIPS provides minimum standards of protection of industrial designs. The Designs Act, 2000 duly adheres to the said minimum standards by providing protection to original and aesthetically appealing designs capable of being applied commercially and is in consonance with the changes in technology and economic advances.
Registrability of Designs
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, can be registered under the (Indian) Designs Act, 2000. However, functionality aspects of a design are not protected under the (Indian) Designs Act, 2000, as the same are subject matter of patents.
Term of Design
The total period of validity of registration of an Industrial Design under the (Indian) Designs Act, 2000 is 15 years. Initially, a design is registered for a period of 10 years, giving the owner of registered design exclusive rights to sell, make or import the articles and initiate a legal action against infringement. This initial period of 10 years can be further extended by a period of 5 years on the payment of renewal fees.
Process of Registration of Design
The process of registration of an industrial design in India can be understood with the help of following flowchart:
Cancellation, Protection and Enforcement of Designs
Design of an article is not registrable in India, if it:
- is not new or original;
- has been disclosed to the public anywhere in India or in any other country by publication in tangible form or by use in any other way prior to the filing date or priority date of the application;
- is not significantly distinguishable from known designs or combination of known designs; or
- comprises or contains scandalous or obscene matter.
The above grounds may also be used for revocation or cancellation of the registration of any design, as well as a defense in an infringement proceeding.
The (Indian) Designs Act, 2000 only provides for civil remedies. Besides injunction, monetary compensation is recoverable by the proprietor of the design either as contract debt or damages. An action for infringement of design can only be initiated after the registration of the design.
Any foreign entity, interested in protecting any of its Industrial Design in India, must register its industrial design by filing an appropriate application within six months from the date of the corresponding convention application, ie, the first application filed in the home country.
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The content of this article is intended to provide a general guide to the subject matter. Specialist professional advice should be sought about your specific circumstances. The views expressed in this article are solely of the authors of this article.
