Industrial Design Rights: Protection under the Designs Act, 2000

The Designs Act, 2000 governs industrial design rights and protects the visual appearance of products. This Act distinguishes designs from functional inventions under patents and artistic works under copyrights. It lets the creators to safeguard aesthetic features like shape, pattern or ornament applied to articles, fostering innovation in manufacturing and design industries. By ensuring registration, exclusivity and enforcement, the Act aligns with global standards under the TRIPS Agreement, requiring worldwide novelty. Legal professionals use these provisions to guide clients in securing and leveraging intellectual property rights effectively.

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Definition and Scope of Industrial Design Rights

Section 2(d) of the Designs Act, 2000, defines a "design" as features of shape, configuration, pattern, ornament, or composition of lines or colors applied to an article in two-dimensional, three-dimensional, or both forms through any industrial process, judged solely by the eye. 

• The Act excludes modes or principles of construction, mechanical devices, trademarks (under the Trade Marks Act, 1999), property marks (under the Indian Penal Code) or artistic works (under the Copyright Act, 1957). Industrial design rights protect only non-functional, aesthetic aspects such as a bottle’s shape or a textile’s pattern.

• The Act applies to “articles,” defined under Section 2(a) as manufactured items, substances, or parts sold separately. Proprietorship vests in the author, the person commissioning the design for consideration, or assignees, per Section 2(j). These rights are territorial, effective only in India and cover applied forms, not ideas or concepts.

Historical Background

Industrial design rights in India began with the Patents and Designs Act, 1872. It was followed by the Inventions and Designs Act, 1888 and the Indian Patents and Designs Act, 1911, based on British laws. After independence, the Patents Act, 1970, separated patents from designs. They continued with the Designs Act, 1911, until the Designs Act, 2000, replaced it. The 2000 Act modernizes the system, aligns with global practices and meets the obligations under the World Trade Organization’s TRIPS Agreement. It requires absolute novelty which means that the designs must be new worldwide. The Act consolidates laws for design protection, registration and enforcement, addressing issues like limited international reciprocity and procedural delays in the 1911 Act.

Learn about the Design Protection in IPR.

Eligibility for Registration

Section 4 requires a design to be new or original, not previously published anywhere and distinct from known designs or their combinations. “Original” means originating from the author, even if using existing elements in a new way. 

• Designs fail eligibility if disclosed to the public before the filing or priority date, contain scandalous or obscene content, or violate public order or morality. 

• Publication includes any disclosure, such as sales or exhibitions, but private use does not count. Novelty requires worldwide originality. Combinations of existing designs qualify if they create a new visual effect. 

• Clients should conduct prior art searches to avoid rejection, as the Controller may refuse non-compliant applications.

Registration Process

Chapter II outlines the registration process. Any person claiming proprietorship individuals, firms, companies, or agents, applies using the prescribed form at the Patent Office, specifying the article’s class under the Locarno Classification. 

• The application includes design representations (drawings, photographs, or specimens), a novelty statement and fees. The Controller examines the application and may raise objections, which applicants must address within six months. 

• If approved, the design registers and particulars published for public inspection under Section 7. The registration date is the application date and a certificate issued under Section 9. Applicants may appeal refusals to the High Court. 

• The Controller-General of Patents, Designs and Trade Marks oversees the process, certified under ISO 9001:2008. Priority claims under international conventions (Section 44) and the Register of Designs (Section 10) provide evidence of ownership.

Rights Conferred by Registration

Registration under Section 11 grants the proprietor exclusive rights to apply the design to articles in the registered class. This prevents others from manufacturing, selling, importing or publishing articles with the design or its imitation without consent. These commercial rights protect against piracy during the copyright term. Unlike artistic work copyrights, industrial design rights end if the design applies to more than 50 articles industrially, per Section 15. Proprietors must mark articles with “REGISTERED” or “RD” and the registration number to claim infringement remedies.

Duration and Renewal

Industrial design rights last 10 years from the registration date, extendable by 5 years with an application and fees before expiration (Section 11)so, in total it's 15 years. If rights lapse due to non-renewal, restoration is possible within one year under Section 12 if the lapse was unintentional and no undue delay occurred. Restored rights do not affect bona fide users who used the design during the lapse.

Infringement and Remedies

Section 22 defines infringement, or “piracy,” as applying a registered design or its imitation to articles for sale, importing such articles, or publishing them, knowing of the registration, without a license. 

• Courts assess visual similarity from an ordinary purchaser’s perspective. Proprietors may seek civil remedies, including injunctions, damages, or accounts of profits and recover up to INR 25,000 per contravention, capped at INR 50,000 per design, as a contract debt. 

• Suits filed in courts at least at the District Judge level, with potential transfer to High Courts if cancellation grounds, like lack of novelty, arise under Section 19. No criminal penalties apply. Defenses include invalid registration or innocent infringement, though knowledge is presumed after publication.

Read about the Difference between industrial Design and Patent.

Interface with Other Intellectual Property Laws

Industrial design rights interact with other IP laws. The following table shows how industrial design rights balance aesthetics and functionality, avoiding overlap with other laws:

Summary

The Designs Act, 2000 protects the aesthetic aspects of products and ensures that creators secure exclusive rights through registration. It defines designs as visual features applied to articles, excluding functional or artistic elements. The Act directs absolute novelty, provides a 15-year protection term and provides civil remedies for infringement. It integrates global standards via the Trade Related Aspects of Intellectual Property Rights Agreement and Locarno Classification but remains territorial. Legal experts navigate its provisions to advise clients on protecting designs, preventing piracy and maximizing IP value in competitive markets like consumer goods and fashion, balancing creator rights with public interest.

Related Posts:

• Privacy by Design and GDPR

• Violation of Layout Design

• Infringement of Design under Designs Act, 2000

• Duration of Design Protection in India

Industrial Design Rights: FAQs

Q1. What are examples of industrial design rights? 

Shapes of bottles, patterns on textiles, or furniture designs.

Q2. Are industrial designs copyrighted? 

No, they’re protected under the Designs Act, not copyright, but lose protection if applied to over 50 articles.

Q3. Is industrial design a territorial right? 

Yes, it applies only in India under the Designs Act.

Q4. What is industrial design in IPR law? 

Visual, non-functional features like shape or pattern applied to products.

Q5. What are famous examples of ID? 

Coca-Cola bottle shape, iPhone design, or Eames chair.