Design protection in India is provided for the exclusive rights of a creator to his product design for a specific time period, thus stopping manufacture of a similar design without permission. The Designs Act, 2000 clearly describes the term of protection and even contains provisions for the extension thereof. It becomes an essential factor for industries which possess characteristic aesthetics, as well-such as the fashion industry, electronics, and automobiles.
It is very important for businesses and designers, who want to protect their creative assets, to know how long the protection lasts, when it needs to be renewed, and under which specific rules. It thus deals with how long the protection period lasts, what are the renewal requirements, and a few important legal provisions under Indian Law.
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Duration of Design Protection in India
Protection term in India has been prescribed under Section 11 of the Designs Act, 2000, which deals with the term and conditions for protection period of registered designs.
Initial Term:
During the original period, a design remains protected for ten years from the date of registration. The designer retains exclusive rights to utilise and license during this period. During such a period, reproduction or imitation cannot be permitted for any unauthorized use.
Extension of Design Protection:
Design protection can be extended for an additional five years, totaling a maximum protection period of fifteen years. To secure this extension, the proprietor must:
File an Application: Submit a renewal application in Form-3 before the initial ten-year term expires.
Pay Prescribed Fees: Remit the renewal fee as specified in the First Schedule of the Designs Rules.
If the right of design is not renewed within the stipulated period, it would mean that the rights of design are brought to a standstill. However, the Act allows restoration, provided an application is made within one year from the date of expiry along with the prescribed fee and a statement explaining why the lapse had occurred.
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Calculating Design Duration
The protection period starts from the date of registration. The date of registration, in essence, refers to the date the application is filed. If priority is claimed from an earlier application filed in a convention country, the length is measured from that very date. Delays in registering do not affect the protection period; it remains fixed from the date of registration or priority.
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In Short,
The period of design protection in India is very crucial for creators and businesses so that they protect their unique designs. Such a protection has been provided by the Designs Act 2000, whereby the initial term is ten years extended further by five years, making it a total fifteen years of protection. The additional duration benefits the designer fully utilize his creation and therefore not be used without permission, thereby giving an edge above others in the market. This gives businesses the opportunity to encourage innovation, maintain their brand identity, and promote economic growth. If the above renewal timelines are met, then continuous protection is guaranteed, and sustained investment in design development will be ensured, contributing to a living, breathing, innovation-driven economy.
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FAQs on Duration of design protection in India
Q1. What is the duration of design protection in India?
The initial term of ten years begins running from the date of registration. On filing a renewal application before the expiry of the initial term, the registration can again run for five years, thereby making the maximum term fifteen years.
Q2. What if I forget to renew my design protection?
Upon expiry of the first ten-year term, if you do not revive your design protection, the rights will lapse. However, Designs Act has provided a restoration facility wherein the lapsed design may be restored within one year from the date of lapse. To restore the design, you need to file an application for restoration along with the prescribed fee and a statement as to reasons for lapse. This could, however, attract an additional five-year protection which would cost you the renewal fee.
Q3. Can the design be protected for more than the 15-year limit?
No, under the present regime, the provisions of Designs Act, 2000 cannot extend the design protection in India beyond a maximum period of fifteen years. Now, if it crosses that period, the design goes into public domain; thus, others will be permitted to use with no infringement on it. To keep abreast of competition, designers innovate and go on designing newer designs, normally registering afresh so that it continues to remain protected.
Q4. How much does it cost to file a request for renewal of a design in India?
Renewal fee to extend design protection for another five years shall depend on the applicant's status:
Natural Person: INR 2,000
Small Entity: INR 4,000
Others Except Small Entity: INR 8,000
In case the renewal application is filed after the close of the initial term but within the prescribed grace period, additional fees will be applicable.
Q5. Can a design registration be amended during the protection period?
Some minor variations would not of necessity require a fresh application for registration since they do not affect the fundamental features of the registered design. Major changes that would alter the overall look of the design require a fresh application for protection. Determinations of the validity of the changes require consideration of whether the change affects its identity and counsel for continuing protection.
