Understanding The Designs Act, 2000: Safeguarding Creativity And Innovation

Introduction

The Designs Act was passed in India by the British Government in 1911. Since the enactment of the Designs Act, 1911, there has been a considerable increase in registration of designs. To enhance protection of registered designs and to encourage design-related activity in order to promote design element in an article of production, it has become necessary to make legal system of providing protection to industrial designs more efficient. To achieve these objectives, the Designs Bill have been passed by the Parliament which came on the Statute Book as The Designs Act, 2000¹.

What is a Design?

Section 2(d) of the Designs Act, 2000 defines "design" as "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, by any industrial process or means, whether manual, mechanical or chemical, separate or combined, which in the finished article appeal to and are judged solely by the eye; but does not include any mode or principle of construction or anything which is in substance a mere mechanical device, and does not include any trade mark or property mark."

Registration of Designs

Essential Requirements for Registration of Designs

Before the registration of design, it is necessary that the following requirements are accomplished, as mentioned in Section 4 of the Designs Act, 2000: 

1. The design should be novel and original.
2. The design should not be previously published publicly.
3. The design should be considerably distinguishable from already known designs or any combination of designs.
4. The design should not contain any scandalous or obscene matter that can cause any disturbance or breach of public order and peace.

Application for Registration of Designs

Section 5 of the Designs Act, 2000 provides provisions for filing an application for registration of designs. The provision states that:

1. Any person claiming to be the proprietor of any original or new design can make an application for registration of design and the Controller may register the design after examination by the examiner.
2. The application should be in the prescribed format and filed in prescribed manner, accompanied by the prescribed fee.
3. The design should be registered under one class and in case of any doubt regarding to the class which a design ought to be registered, the Controller may decide the class.
4. The Controller may refuse to register the design and in such case of refusal, the aggrieved person can appeal to the High Court.
5. An application, subjected to any default or neglect, and has not been completed for the registration to be effected within the prescribed time will be abandoned.
6. A design when registered will be registered as of the date of application.

Procedure for Registration of Designs in India

1. Filing of an application

2. Publication and Examination of the application

3. Communicating the objections, if any

Landmark Judgements on Registration of Designs

Gopal Glass Works Ltd. vs IAG Company Ltd. And Ors. on 4 October, 2006²

Gopal Glass Works Ltd. (the plaintiff) filed a suit against IAG Company Ltd. (the defendant) for infringement of a registered design under the Designs Act, 2000. The plaintiff claimed that the defendant had copied their registered design, which was used for manufacturing glass sheets. The Calcutta High Court ruled in favour of the plaintiff, holding that the design registered by the plaintiff was valid and had been infringed by the defendants. The court found that the design was novel and original and there was no prior publication that would invalidate the registration.  

Whirlpool India Ltd vs Videocon Industries Ltd on 27 May, 2014³

M/s Whirlpool India Ltd. (the plaintiff) filed a suit seeking an injunction invoking provisions of the Design Act, 2000 against Videocon Industries Ltd. (the defendant). The plaintiff contended that it had registered two designs of washing machines for shape and configuration and argued that the defendant's product is similar to the registered design and is being sold at much cheaper price. The plaintiff also alleged that defendant's actions constitute passing off. The Court held that the registered designs of the plaintiff are new and original, and are significantly distinguishable from known designs. The Court also found that the defendant's actions constitute passing off.

Conclusion

The Design Act, 2000 marks a significant advancement in the protection of designs in India. The registration of designs encourages innovation and creativity among businesses. The Act safeguards the aesthetic aspects of products and also enhance the marketability and competitiveness. As the market continues to grow, the provisions of the Design Act, 2000 ensure that designs receive recognition and protection that they merit, nurturing a culture of originality and growth in the design industry.

Footnotes

1. The Design Act, 2000 https://www.ipindia.gov.in/writereaddata/images/pdf/act-of-2000.pdf

2. https://indiankanoon.org/doc/506029/

3. https://indiankanoon.org/doc/188051985/

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