Registration of Design

“Design” means only 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, whether manual, mechanical or chemical, separate or combined,but does not include any mode or principle or construction or anything which is in substance a mere mechanical device, and does not include any trade mark or copyright work.

Therefore, we can say that Registered Design is an intellectual property right in the article to protect the Design and not the functional part of the article, which is judged merely by eye ,without using any mechanical device that whether the design is new or not. The design can be in the form of shape, configuration, pattern, ornament or composition of lines or colors applied to any article whether in 2D, 3D or in both forms made through any industrial process or manually or mechanical or chemical process, but it does not include any Trademark or Copyright.

Registration of Design provides the exclusive right to the registered proprietor to apply the design on the article for which registration is made. If any other person misuses the design without his consent, then he can sue for infringement of his intellectual property. Thus, registering a design provide the legal remedy against infringement.

Initially Design Registration is valid for 10 years from the date of Registration, which can be further extended to 5 years by filing an application to the controller before the expiry the of said original 10 years.

A design when registered shall be registered as of the date of the application for registration.

During the existence of copyright in any design it shall not be lawful for any person, without the license or written consent of the registered proprietor:

1. For the purpose of sale to apply or cause to be applied, to any article in any class of articles in which the design is registered, the design or any fraudulent or obvious imitation thereof, or to do anything with a view to enable the design to be so applied;
2. To import such article for the purposes of sale.
3. To publish or expose or cause to be published or exposed for sale, that article.