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Design Registrations

What is Design Registration?

As per the Section 2(D) of The Design Act, 2000, A “Design” means only the features of shape, configuration, pattern or ornament or composition of lines or color or combination thereof applied to any article whether 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, as defined in clause (v) of sub-section of Section 2 of the Trade and Merchandise Marks Act, 1958, property mark or artistic works as defined under Section 2(c) of the Copyright Act, 1957

An "article" means any article of manufacture and any substance, artificial, or partly artificial and partly natural and includes any part of an article capable of being made and sold separately.

In India, designs are protected by two legal rights:

  • Registered designs and

  • Artistic copyright

Design registration in India gives the owner, a monopoly right to prevent others from making, using or selling the product without their permission and is additional to any design right or copyright protection that may exist automatically in the design, for a limited period of time.

Essential requirements for registration

A design should:

  • Be new or original

  • Not be disclosed to the publication in tangible from or by use or in any other prior to the filing date, or where applicable, the priority date of the application for registration.

  • The design should be applied or applicable to any article by any industrial process. Normally, designs of artistic nature like painting, sculptures and the like which are not produced in bulk by any industrial process are excluded from registration under the Act.

  • Significantly distinguishable from known design or a combination of known designs

  • Not comprise or contain scandalous or obscene matter

  • Not be a mere mechanical contrivance.

  • Be applied to an article and should appeal to the eye

  • Not be contrary to the public order

  • The design should not include any Trade Mark or property mark or artistic works as defined under the Copyright Act, 1957.

Procedure for Design Registration:
 

   

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