In Intellectual Property Rights (IPR), "design" is defined as the visual appearance of a product, incorporating amongst other features, the aspect of shape, configuration, pattern, and color applied to an article. According to the Designs Act, 2000, it is defined as an aesthetic feature judged solely by the eye, excluding any functional aspects. Design protection is very relevant in industries where the look assumes priority in consumer preferences over areas such as fashion electronics, and automotive. Exclusive rights in a design allow copyright holders to limit others from imitating them, create the brand identity for the products, and establish customer loyalty. This legal protection encourages innovating since companies and designers are motivated to invest in unique designs.
Design protection in India falls under Designs Act, 2000 and Designs Rules, 2001, which provides rights over a particular period of time to the owners of the design. India is also in tune with international trends as the Paris Convention and TRIPS Agreement permit registration overseas for Indian designs as a group to acquire protection. However, India is not party to the Hague Agreement that enables centralised registration of designs overseas. Hence, India's regime of design protection is business-friendly in so far as it safeguards rights that are exclusive in nature and is compliant with international trends.
Get to Know What is the Punishment for Copyright Infringement
Key Provision of Design Protection under IPR
The Designs Act, 2000 deals with the design protection in India that defines the essentials and procedures for the registration and protection of industrial designs.
Definition of "design" in legal terms
Design" defined Definition of "Design": According to Section 2(d) of the Act, a "design" means features of shape, configuration, pattern, ornament or composition of lines or colours applied to any article, whether in two dimensions or in three dimensions, by any industrial process; such features being judged solely by the eye. It expressly excludes any mode or principle of construction or anything which, in substance, is a mere mechanical device.
Qualifying Designs
Industrial designs qualified under the Act includes industrial designs or patterns of or for an article which are new or original and have not been previously published in India or anywhere abroad. The design should not be derogatory to public order or morality.
Know What are the all the Rights of a Copyright Owner
Criteria for Registration
Originality: The design should be novel, meaning that it has not been disclosed to the public anywhere in India or elsewhere prior to the date of filing.
Novelty: It should be a new design, originating from the applicant and should not essentially be an imitation of an already existing design.
Non-functionality: The design must pertain to the aesthetic aspects of the article and not its functional features.
Some other criteria are as follows:
Not offensive: The design must not contain scandalous or obscene matter, or be contrary to public morality or order
Applied to an article: The design must be applied to an article and appeal to the eye
Not a mechanical contrivance: The design must not be a mere mechanical contrivance
Are you interested in pursuing a career in Law? The Legal School in collaboration with IndusLaw has created unique programs for a Certification in Mergers & Acquisitions, Private Equity and Venture Capital Laws & Certification in Mergers & Acquisitions for fresh law graduates as well as professionals looking to advance in their careers! Enquire now for details!
Practical Implementation of Design Protection
Jewelry and Textiles: The rich heritage in jewelry and textile designs of India has resulted in patterns and styles that are a class apart. Design protection will make sure that these originals are not illegally copied; otherwise, loss in the originality and market worth of the products would be assured. Example: Traditional designs, be it intricate patterns on Kanjeevaram sarees or unique motifs found in Meenakari jewelry, are not allowed to be copied.
Automotive Industry. Tata Motors has registered designs on specific car models by providing a distinct shape and configuration to their cars. Thus no competitor in the market can reproduce their design, as through this, companies remain ahead of the rest.
Process of Design Registration
Application Filing: The applicants have to fill up a prescribed form along with representations of the design and a requisite fee to the Controller of Designs.
Scrutiny: Such application is scrutinized for compliance with the provisions of the Act. In the event of objections, the applicant is notified and given an opportunity to make their representation.
Registration and Fees: On registration, a certificate of registration is issued to the design. The registration granted shall continue in force for the period of ten years from the date of filing of the application and may be extended from time to time other than ten years by a further period of five years on payment of any fee which may be prescribed. (Section 11 of The Designs Act, 2000)
Also, Find out What is Copyright Law In India
Rights Conferred by Registration
Exclusive Use: The registered proprietor gains the exclusive right to apply the design to the article in the class for which it is registered.
Protection Against Unauthorized Use: The proprietor can take legal action against any person who, without consent, applies the design or any fraudulent or obvious imitation thereof to any article in the class in which the design is registered.
Transferable Rights: The rights in a registered design are transferable through assignment, transmission, or licensing, allowing the proprietor to monetize the design.
Recent Amendments and Developments in the Designs Act
The Designs (Amendment) Rules, 2021 which came into effect from January 25, 2021 brought a wave of revolutionary changes in design protection regime in India.
Amendments to Designs Act
Registration Requirements: The Ordinance introduces the new version of the Locarno Classification, the international system of design classification. A standardized approach to registration simplifies registration for applicants and puts registration into line with international practice.
Fast Track Examination Procedures: Such procedures for the fast-track examination of design applications have been provided by the amendment. Further, the applicants can request fast-track processing by paying an extra fee. It will decrease the time taken to gain design protection; thus, this is a positive amendment for those particular industries where time-to-market is highly valued.
Impact of Digital Design Protection
The amendment expanded the scope of design protection so that now, digital and graphical user interface designs were classified as being registrable subject matter under both GUIs and other digital designs. Guidelines acknowledge that it reflects the growing importance of digital aesthetics in product development. New subclasses have been incorporated under Class 32 of the Locarno Classification.
In Summary,
The intellectual property rights safeguard the aesthetic aspects of products along with granting exclusive rights to the creators, which protects their unique designs. That comes not only as a preventive measure against unauthorized replication but also as an encouragement to innovation by giving designers the confidence that their creative efforts are protected. Strong design protection will befriend innovation, create economic benefits in terms of improved market share and profit, and support brand building because products are differentiated in market competition.
With the continuous development of technology, particularly through digital design and 3D printing, the existing designs enjoy periodic updates. The legal structures are thus set to face digital reproduction and distribution for effective protection against designs in the digital world. It is now up to the designers and the businesses to be aware of these developments to further protect their creative works.
FAQs related to Design under Intellectual Properties Rights
Q1. What is the difference between a patent and a design?
A patent encompasses the functional and technological aspect of an invention -how something works or used. A design, on the other hand, encompasses the aesthetic features of the product, such as outline, configuration, pattern, or ornamentation. In short, patents encompass the utility of an invention, while designs encompass the physical look of it.
Q2. How long does design protection last in India?
Under Indian laws, for the first ten years starting from the date of registration, protection is available. These can further be extended by five more years on application. So, therefore, the maximum period of protection would be fifteen years.
Q3. Is a registered design allowed to be used internationally?
A design registered in India will be protected only within the country's geographical boundaries. To get protection outside of India, you have to make an application for and register the design independently in each country where you want to file. Although India is not signatory to the Hague Agreement which provides an international filing route for designs, India is signatory to the Paris Convention which provides priority for claims filed in member countries.
Q4. What can I do if someone infringes on my design?
Here are some steps you can take in case of infringement of a design you registered:
Gather evidence: samples, photographs, and purchase receipts to prove infringement
Send a cease and desist notice: a legal notice demanding that the infringer stop any use of unauthorized products or articles.
File a court suit if infringement continues and demand, inter alia, injunctions and damages.
It would be prudent to find a legal professional practicing intellectual property law for an easier process of this kind.
Q5. Can the registered design be modified and kept?
Changes that result in minor alterations to the original design registered are not necessarily an avenue for registering another design. However, if major changes are such that they fundamentally alter the look, it has to be protected and hence there is a need to apply for another new application as to continue on its protection of this modified design. Essential comparison with the previous designs must be made to know if the modification will change the look or style of the design and seek legal advice on your protection.
