Indian law called the Designs Act 2000 is very important because it protects the aesthetics of designs used in many fields, like fashion, architecture, furniture, packaging, machinery, and more. The Designs Act of 1911 was replaced by this law, which brought Indian law in line with international standards, especially those set out in the TRIPS (Trade-Related Aspects of Intellectual Property Rights) Agreement of the World Trade Organisation (WTO).
In this article, we will explore the purpose, key definitions, registration process, rights granted, infringement provisions, and penalties under the Designs Act, 2000.
What is a Design?
The term "design" is defined under Section 2(d) of the Designs Act, 2000. A design refers to the ornamental or aesthetic features of a product. It must be visually appealing and judged solely by its appearance not by its functional aspects.
Visual Features: The Act protects things that can be seen with the naked eye, like shape, configuration, pattern or colour. These things help make a product stand out from others. One way to tell a designer chair from another is by its unique shape or pattern. These visual elements must not do anything for them to be eligible.
2D or 3D or Both: Designs can exist in two-dimensional forms like patterns or three-dimensional structures like a bottle’s shape. The law covers both flat and solid designs, provided they appeal to the eye. For example, a printed fabric (2D) and a molded phone case (3D) both qualify.
Industrial Application: The design must be applied through a manufacturing process and used commercially. It must not be a one-time artistic piece but reproducible through industrial means. This ensures that the design is part of market-driven production.
Eye Appeal: The aesthetic of the design should be the primary consideration for registration. If a design is pleasing and distinguishable, it fulfills this criterion. Functionality alone cannot be the basis for registration.
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Objectives of Designs Act 2000
This part talks about the Act's goals which are to encourage new ideas and economic growth by giving designs legal protection.
Protection of Originality: The Design Act 2000 protects original designs from being copied without permission. This encourages designers to make one-of-a-kind pieces because they know they'll have the only rights to them. It also makes sure that people who make things are credited and rewarded.
Promote Creativity: It encourages innovation in industrial and product design. By ensuring creators can commercialize their ideas, industries feel more confident in investing in research and development.
Fair Competition: Legal protection deters unfair copying and promotes healthy market practices. This levels the playing field for innovators, reducing piracy and unethical duplication of creative products.
TRIPS Compliance: The Act aligns with WTO’s TRIPS agreement to meet international standards. India, being a WTO member, is obligated to protect intellectual property rights in a globally accepted framework. This boosts global trade and trust.
Legal Remedies: Offers civil remedies, such as injunctions and damages, for infringement of design. If someone copies a registered design, the law gives the owner of the design the right to sue, stop the use, and get money damages.
Structure of Design Act 2000
The Designs Act, 2000 is set up in a way that is clear and easy to understand. There are 35 sections in all divided into 5 chapters and 2 schedules. This structure makes it easy for both judges and administrators to understand and follow the law.
Component | Count |
Chapters | 5 |
Sections | 35 |
Schedules | 2 |
Major Areas Covered | Definitions, Registration, Rights, Infringement, Legal Remedies |
The Act comprises 5 Chapters, 35 Sections, and 2 Schedules, structured as follows:
Chapter No. | Title | Sections Covered |
I | Preliminary | 1–2 |
II | Registration of Designs | 3–17 |
III | Copyright in Registered Designs | 18–21 |
IV | Legal Proceedings | 22–26 |
V | General | 27–35 |
The prescribed fee structure is in the First Schedule, and different forms for registration and legal processes are in the Second Schedule.
What Can Be Registered as Design?
Not all designs qualify for protection. Here’s the criteria that a design must meet to be eligible for registration.
Novelty: The design should be new and not existing in the public domain. Novelty is the heart of the registration process. A design already used or known to the public cannot be protected again.
No Prior Disclosure: It must not have been displayed or published anywhere before the filing date. Even exhibitions, catalogs, or online posts count as disclosures. Prior display cancels out originality.
Morality Clause: The design should not violate public order or morality. Any offensive, vulgar, or socially unacceptable designs are ineligible. This maintains the cultural and legal standards of the country.
Uniqueness: The design must stand out from existing ones. Minor changes to a known design do not count as new. The uniqueness should be easily identifiable to the average viewer.
Non-Mechanical: It should not be a design solely for functionality. For instance, gear shapes used purely for movement don't qualify. The design must be decorative and not technical in nature.
Understand the difference between Industrial Design and Product Design.
What Cannot Be Registered?
Being aware of what is protected is just as important as being aware of what is not protected. By including these exceptions, you can be sure that only real artistic innovation will be recognised.
Functional Elements: Features that exist only for utility can’t be registered. For example, the functional blade of a fan is not protected—only its decorative casing might be.
Known Publications: Anything already shown or printed publicly is ineligible. Even if it was published years ago or in another country, prior availability disqualifies a design.
Obscene Designs: Anything that is thought to be rude or offensive to the public is not allowed. This stops people from abusing design rights to protect works that are rude or inappropriate.
Lack of Originality: Copying minor parts of known designs doesn't count as new. It must not be a mix-and-match of known elements, unless it creates an entirely fresh design.
Procedure for Design Registration
The Act sets out a clear legal process to register a design. This ensures authenticity and transparency in protecting design rights. The process of registration under Chapter II includes
Filing of Application (Section 5)
The applicant must file Form 1 along with the prescribed fee and representation of the design.
The article must be categorized under the Locarno Classification System.
Examination and Objection (Section 5 read with Rules)
The application is examined by the Controller.
Any objections raised must be addressed by the applicant within the prescribed time.
Registration and Publication (Sections 9–11)
Upon acceptance, the design is registered and published in the Designs Journal.
A Certificate of Registration is issued to the proprietor.
Section 10: Register of Designs
Section 10 mandates the maintenance of a Register of Designs at the Patent Office. This register contains
The names and addresses of proprietors.
Details of registered designs including class, article, and date of filing.
It acts as prima facie evidence in all courts concerning any matter entered therein.
Rights of the Registered Design Owner
Upon registration, the creator receives legal rights that empower them to control the use of their design. A registered proprietor enjoys the following rights
Exclusive right to apply the registered design to any article within India.
Right to license or assign the design to third parties.
Right to institute legal proceedings in case of infringement or piracy under Section 22.
Infringement of Design
When someone uses a registered design without permission, it’s considered an infringement under Design Act 2000. The law provides specific measures to address it.
Unauthorized Use: Copying or applying a design without consent is illegal. Even minor alterations to avoid detection can be considered infringement if the original impression is copied.
Legal Action: The owner can file a civil suit for protection. The court can impose penalties, issue injunctions and award damages to the rightful owner.
Compensation: Up to ₹25,000 per contravention, with a cap of ₹50,000. This ensures financial accountability and deters violators from repeating the act.
Relief Options: Includes both monetary and non-monetary remedies. Owners can claim profits made by the infringer or request destruction of infringing goods.
Cancellation of Registration
The Act also provides a mechanism to challenge and cancel wrongly registered designs. This upholds the integrity of the register.
Grounds: Includes lack of novelty, prior publication, or being unregistrable. Anyone can file a petition before the Controller with valid reasons and proof.
Process: The petitioner submits evidence and the owner is allowed to defend. After examination and hearing, the Controller may cancel the registration if justified.
Difference Between Designs Act, 1911 and Designs Act, 2000
The Designs Act, 2000 replaced the colonial-era Designs Act of 1911 to bring Indian design law up to international standards. Here's how the two differ
Feature | Designs Act, 1911 | Designs Act, 2000 |
TRIPS Compliance | Not TRIPS-compliant | Fully TRIPS-compliant (WTO standard) |
Definition of Design | Vague and limited | Clearly defined in Section 2(d) |
Controller Authority | Ambiguous | Defined powers under CGPDTM |
5 years + 5 years | 10 years + 5 years (total 15 years) | |
Legal Remedies | Limited civil remedy | Comprehensive remedies, including piracy claims |
Digital/Modern Relevance | Outdated | Incorporates industrial application & digital filing |
Classification | No classification system | Locarno Classification introduced |
Landmark Judgments under the Designs Act, 2000
Landmark decisions help people figure out what different parts of the Designs Act, 2000 mean. These decisions by Indian courts, especially the Delhi High Court, have made things clearer about things like originality, piracy, functional designs, and the rights of design owners.
1. Bharat Glass Tube Ltd. v. Gopal Glass Works Ltd. (2008) SC
This is a Supreme Court judgment that clarified the meaning of originality in design. Gopal Glass had registered a decorative pattern on glass sheets. Bharat Glass copied it and argued that similar designs existed in foreign catalogs.
Ruling: The Court upheld Gopal Glass's registration and stated that even if a design existed elsewhere, unless it was published in India or used in India, it would still be considered original under Indian law.
Significance: Established that prior publication must be proved with concrete evidence, not mere allegations of similarity.
2. Dabur India Ltd. v. Rajesh Kumar and Others (2008) Delhi HC
Dabur had registered the shape of its "honey bottle" as a design. The defendant copied the same shape for their packaging.
Ruling: The Court granted an injunction against the infringer, recognizing the bottle’s shape as a valid registered design.
Significance: Reinforced that even packaging shapes that appeal to the eye can be protected under design law if registered.
Summing Up
When it comes to protecting the aesthetic value of goods in India, the Designs Act, 2000 is really important. It supports new designs, helps the economy grow, and follows the rules for intellectual property around the world. If artists and businesses fully understand and effectively use this law, they can safeguard their rights and gain a competitive edge in both domestic and international markets.
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FAQs on Designs Act, 2000
Q1. What is the Designs Act, 2000?
It is an Indian law that protects unique, attractive industrial designs that are put on things making sure that the owner has all the rights and stopping people from copying them without permission.
Q2. How long is a design protected under this Act?
A registered design is protected for 10 years, extendable by 5 more years, totaling 15 years.
Q3. Can functional designs be registered under this Act?
No, purely functional or mechanical features are not registrable. The design must appeal to the eye.
Q4. What is the penalty for design piracy?
Up to ₹25,000 per contravention, with a cap of ₹50,000, plus the right to seek civil remedies and injunctions.
Q5. What body administers design registrations in India?
The Controller General of Patents, Designs and Trademarks (CGPDTM) under the Ministry of Commerce and Industry.
