The Designs Act, 2000 came into force on May 11, 2001. It protects the design of products like their shape, pattern or decoration. This Act replaced the older Designs Act, 1911. The Act focuses on the visual appeal of items and not how they work. It offers strong protection for designs, lasting up to 15 years. The Act makes registration easier and helps designers enforce their rights. This makes it a major part of India’s system for protecting creative ideas. It helps designers by making rules clear and strong. The Designs Act also connects to global agreements like the Paris Convention which allows the designers from other countries to protect their work in India. The Act builds a fair and modern system for design protection. This article explains the salient features of Design Act 2000 by explaining the definition of design, absolute novelty, locarno classification, duration of protection in India and remedies for infringement like piracy along with the grounds for the refusal of the registration of designs.
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What are the Major Features of Design Act 2000?
The Designs Act, 2000 amends and strengthens the provisions for protecting product designs in India. It replaced the Designs Act, 1911 and follows global standards, like the Trade Related Aspects of Intellectual Property Rights (TRIPS) Agreement. It also uses ideas from the Paris Convention and Patent Cooperation Treaty. Given below are the main features of Design Act 2000:
Definition of "Design": A design is the visual look of a product, like its shape, pattern, or color. It must be made by industrial processes and judged by the eye. It does not cover how the product works, trademarks, or artistic works. It applies only to manufactured items. This protects the visual style of products.
Absolute Novelty: Designs must be new or original worldwide. They cannot be shown to the public anywhere before filing. There’s a six-month grace period for honest mistakes. This rule matches global standards and allows canceling designs that aren’t new.
Locarno Classification: The Act uses a global system to group designs into 31 classes based on their purpose. Each class needs a separate application. This makes examining designs easier and matches world standards.
Protection Duration: Designs are protected for 10 years, with an option to extend for 5 more years. If protection lapses, it can be restored within a year. This balances the designer’s rights with public access.
Piracy Remedies: Copying a design without permission is called piracy. The law allows stopping the copying, claiming damages up to Rs. 50,000 per design, or other remedies. The Controller acts like a court, and appeals go to the High Court. This stops copying and encourages new designs.
Historical Background
To understand the features of the Designs Act, 2000, it’s helpful to know its history. The earlier Designs Act, 1911 came from British colonial times. It protected designs but wasn’t suited for modern issues like global trade or new technology. The 2000 Act fixes these problems. It uses ideas from global agreements, like the Paris Convention in order to protect designs better.
The new Act lets people from other countries claim priority for their designs in India. This makes India a better place for registering designs. The rules are simpler and stronger than the old law. Designs registered under the 1911 Act are still valid. However, new designs get better protection and easier processes under the 2000 Act. This helps India keep up with the world in design protection.
Learn about the Design Protection in IPR.
Five Important Features of Designs Act, 2000
Given below are five of its most important features of Design Act 2000 since they define the terms like design, absolute novelty along with explaining Locarno Classification, duration of protection of design and the remedies that an aggrieved party can enforce in case of infringement of design under the Designs Act, 2000:
1. Definition and Scope of Design
The Act clearly defines what a "design" is. This is important because it sets the rules for what can be protected. Under Section 2(d), a design is the shape, pattern, decoration, or color arrangement on a product. It can be 2D, 3D or both. It must be made by industrial processes, like manual, mechanical, or chemical methods. The design must look appealing to the eye, not focus on how the product works.
The definition excludes things like how a product is built, mechanical devices, trademarks (covered by the TradeMarks Act, 1999), property marks (under the Indian Penal Code), or artistic works (under the Copyright Act, 1957).
For example, the inside of a refrigerator might qualify if it looks unique and is visible. This ensures only visual, non-functional designs are protected. It avoids overlap with patents, which cover how things work, or copyrights, which protect artistic creations.
The design must apply to an "article," defined in Section 2(a) as any manufactured item or part sold separately. Items like stamps or labels don’t qualify unless they’re part of a product. This rule helps examiners decide if a design meets the visual appeal requirement during registration.
2. Introduction of Absolute Novelty Standard
The Act requires designs to be completely new worldwide, called "absolute novelty." This is a big change from the old law, which only checked novelty in India. Under Section 4, a design must not have been shown, used, or published anywhere in the world before the filing date (or priority date, if claimed).
"New" means the design is different from anything known. "Original" (Section 2(g)) means it comes from the designer, even if it uses old ideas in a new way. Novelty is judged by the overall look from a user’s perspective, not small changes. For example, adding a slight curve to a common shape doesn’t make it new.
There’s a six-month grace period for honest disclosures, like at an exhibition, under Section 21. This rule encourages real innovation. It also allows canceling a design under Section 19 if it was already known.
This among the features of Design Act 2000 makes India’s system stronger and matches global standards. It helps Indian designers protect their work abroad and lets foreign designers protect theirs in India. However, applicants must check worldwide to ensure their design is new.
3. Adoption of Locarno International Classification System
The Act uses the Locarno Classification to organize designs. This is a big improvement over the old law which sorted designs by material. Under Rule 10 and the Third Schedule, designs are grouped into 31 classes (plus a miscellaneous class 99) based on what the product does, not what it’s made of. For example, Class 01 is for food items, and Class 14 is for recording devices.
Each application must list the correct class. If a product fits multiple classes, separate applications are needed. The Controller decides the class if it’s unclear. Wrong classification can cause delays or objections.
This system matches the World Intellectual Property Organization’s Locarno Agreement. It makes examining and searching designs easier and helps India align with global standards. For products with multiple uses, like a pen that’s also a flashlight, drawings can show all uses to widen protection. This system speeds up the process and supports international design trade.
4. Duration of Protection and Renewal Provisions
The Act gives designs longer protection than the old law. A registered design is protected for 10 years from the registration date (or priority date). It can be extended for 5 more years, making a total of 15 years, under Section 11. To extend, the designer must apply and pay a fee before the first 10 years end.
This longer protection helps designers earn back their investment. If protection lapses, it can be restored within one year under Section 12 if the lapse was an honest mistake. The protection gives the designer the right to stop others from using, selling, or importing the design without permission. After protection ends, the design becomes free for anyone to use.
This system balances the designer’s rights with public access. It encourages designers to renew on time and allows restoration for genuine oversights. It also connects to rules against copying, where violations during the protection period can lead to legal action.
5. Piracy of Registered Designs and Remedies
The Act has strong rules against copying designs, called "piracy." Under Section 22, piracy happens when someone uses a registered design (or a very similar copy) on a product in the same class without permission. This includes selling, importing, or publishing the copied design during its protection period.
Piracy is judged by how similar the design looks to an average buyer, not small differences. The designer can ask for a court order to stop the copying, claim damages, or get the profits from the copying. Damages are limited to Rs. 50,000 per design in some cases. The Controller has powers like a civil court under Section 35 to handle disputes, including taking evidence and calling witnesses. Appeals go to the High Court under Section 36.
These rules, as seen in cases like Bharat Glass Tube Limited v. Gopal Glass Works Limited (2008), help stop copying and support new designs. They give designers strong tools to protect their rights without using criminal penalties.
Read about the Difference between industrial Design and Patent.
Grounds for Refusal and Cancellation of Design Registration
The Act has clear rules for refusing or canceling a design registration to keep the system fair. A design can be refused if it’s not new, not original, or doesn’t fit the definition (like being functional instead of decorative). Designs that go against public order or morality are also not allowed.
The request of cancellation can be done under Section 19 if the design was already registered in India, was shown publicly before registration, isn’t new or original, doesn’t follow the Act’s rules, or isn’t a proper design. The Controller reviews these requests, and appeals go to the High Court.
Ground | Description | Relevant Section |
Previously registered in India | The design was already protected under an earlier registration. | Section 19(1)(a) |
Prior publication | The design was shared publicly before the registration date. | Section 19(1)(b) |
Not new or original | The design isn’t distinct from known designs. | Section 19(1)(c) |
Not registrable under the Act | It falls under exclusions like trademarks or artistic works. | Section 19(1)(d) |
Not a design as defined | It doesn’t involve visual features judged by the eye. | Section 19(1)(e) |
These rules ensure the system protects only valid designs and keeps the process fair.
Summary
The Designs Act, 2000 provides a clear and strong system for protecting the designs of products. It focuses on creativity, newness, and visual appeal. From defining designs to setting up registration, rights, and remedies, the Act balances the needs of designers and the public. As India grows as a hub for design innovation, these features of Design Act 2000 are vital for lawyers and professionals to understand for proper enforcement. After more than 20 years, the Act remains effective, but future updates may address new challenges like digital designs.
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Features of Design Act: FAQs
Q1. What are the salient features of IT Act 2000?
The IT Act, 2000, makes digital signatures legal, regulates e-commerce, defines cybercrimes, and sets penalties to ensure safe online transactions in India.
Q2. What are the features of design?
A design is the visual look of a product, like its shape, pattern, or color, applied through industrial processes and judged by the eye.
Q3. What are the features of industrial design?
Industrial design includes a product’s visual shape, pattern, or color, created industrially, focusing on aesthetics, not function, for manufactured items.
Q4. What are the rights of design holder under Designs Act 2000?
A design holder can exclusively use, sell, or license their design and stop others from copying it during the protection period.
Q5. Which of the following is a salient feature of the IT Act, 2000?
Since no options are provided, a key feature is that it legally recognizes electronic records and digital signatures for secure online activities.
