Frequently Asked Questions (FAQs) – Design Registration
1. What is a design under Indian law?
A design refers to the visual features of shape, configuration, pattern, ornamentation, or composition of lines or colors applied to an article. In India, design protection is governed by the Designs Act, 2000.
2. What can be protected through design registration?
Design registration protects the aesthetic appearance of a product, not its functional or technical features. Examples include product shapes, packaging designs, textile patterns, furniture designs, and jewelry designs.
3. Who can apply for design registration in India?
A design application can be filed by:
The creator or designer
The owner or assignee of the design
A company or organization
Applications are filed with the Office of the Controller General of Patents, Designs and Trade Marks.
4. What are the requirements for design registration?
To be eligible for registration, a design must:
Be new or original
Not have been published previously anywhere in the world
Be capable of being applied to an article by an industrial process
Have visual appeal
5. How long does design registration last?
Design registration is valid for 10 years from the date of registration, which can be extended for an additional 5 years, making the total protection period 15 years.
6. What cannot be registered as a design?
The following cannot be registered:
Designs that are not new or original
Designs dictated purely by technical function
Scandalous or obscene designs
Trademarks, property marks, or artistic works
7. How long does the design registration process take?
Design registration in India usually takes 6 to 12 months, depending on examination and compliance with legal requirements.
8. What rights does a design owner get?
The registered owner has the exclusive right to apply the design to the article, manufacture the product, sell it, or license the design.
9. What is design infringement?
Design infringement occurs when a person copies or imitates a registered design without permission. The owner can take legal action for damages and injunction.
10. Can a design be transferred or licensed?
Yes, a registered design can be assigned, licensed, or transferred to another person or company for commercial use.