The Designs Act, 2000
The Designs Act, 2000
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1. What is a “Design”?
Under the Act, a design isn’t about how something works, but how it looks. It’s the visual appeal of a product that can be protected. A design must be new, original, and appeal solely to the eye.
Key Characteristics
- Features of Shape
- Unique Configuration
- Surface Pattern
- Applied Ornamentation
- Composition of Lines or Colors
Applied to an Article
The design must be applied to a finished product, whether it’s 2D, 3D, or both. It’s about the aesthetic of a functional item, like the unique shape of a bottle or the pattern on a textile.
What is NOT a Design?
- Method of construction
- Purely functional features
- Trademarks or artistic works
- Anything contrary to public order
2. The Registration Journey
Registering a design grants the creator exclusive rights. The process involves several key steps to ensure the design is novel and worthy of protection.
Step 1: Application Filing
Submit an application to the Controller of Designs with the required form, fees, and representations of the design.
Step 2: Examination
The application is examined to check for novelty, originality, and compliance with the Act. Objections may be raised.
Step 3: Registration & Publication
If all conditions are met, the design is registered and published in the Official Gazette. A certificate is issued.
3. Rights of a Registered Design Holder
Registration confers a powerful set of exclusive rights, essentially giving the owner a monopoly over the design’s commercial use for a limited period.
Apply the Design
The exclusive right to apply the design to any article in the class in which it is registered.
Publish or Sell
The right to sell, offer for sale, or publish any article bearing the registered design.
License or Assign
The right to license the design to others for a fee or to transfer ownership (assignment) of the right.
4. Copyright in Design: The Ticking Clock
When a design is registered, it gets “copyright in the design.” This protection is not forever and has a specific duration defined by the Act.
Total protection lasts for an initial period of 10 years from the date of registration. This can be extended once for a further period of 5 years upon application, making the maximum protection period 15 years.
5. Remedies for Infringement
If an unauthorized person uses a registered design, it’s called “piracy” or infringement. The Act provides legal remedies to protect the design holder.
Injunction
A court order to stop the infringer from continuing to use the design. This is the primary remedy to prevent further harm.
Damages / Compensation
Monetary payment from the infringer to compensate the design holder for the financial losses suffered due to the infringement.
