‘Design’ includes only the aesthetic features of shape, configuration, pattern or ornament or composition of lines or colour or a combination of these elements, which are applied to any 2D or 3D article by any industrial process and appeals to the eye. The sole purpose of design rights protection is to reward the craftsmanship and artistic labour of the person who has developed a unique and appealing design which grants an aesthetic appeal to the article on which such design is applied.

The design under consideration should be –

• • New or original;
  • Not prior published in any country and not publicly known in India;
  • Significantly distinguishable from known designs or combination of knowndesigns; and
  • Not a technical or useful function of a product.

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Articles (to which design(s)are applied) are classified into 32 classes per the Locarno Classification system [as adopted vide the Designs (Amendment) Rules. 2021]. A design application can be filed for one class (viz. one article). When a design application is for an article with multiple utilities, the applicant may opt to file one design application in the class relating to either of the plurality of articles or file multiple applications in such relevant classes for broader protection.

A Design registration is valid for an initial period of ten (10) years from the date of registration (viz. date of filing of the application/ date of priority), which is extendable once by five years.

The registered proprietor (of a design registration) is conferred with the exclusive right to apply the design to the article belonging to the class in which it is registered for such period of registration.

A registered proprietor of a design has the exclusive right to prevent others from (i) applying or cause to be applied, to any article in any class of articles in which the design is registered, the design or any fraudulent or obvious imitation thereof, or to do anything with a view to enable the design to be so applied, for the purpose of sale; (ii) importing such article for the purpose of sale; and (iii) publishing or exposing or cause to be published or exposed for sale, that article.

No. If the copyright of a registered designhas expired, it cannot be applied for registration once again.

Yes, the articles manufactured for sale with registered design(except in the case of Textile designs)shall be marked as ‘REGISTERED’/ ‘REGD’/ ‘RD’. In theabsence of such marking, the registered proprietor shall not be entitled to recoverany damages in respect of any infringement of copyrights in the design, unless he/she proves that he/ shetook all proper steps to ensure the marking of the article, or that the infringement took place even after the infringer knew or had received notice of the existence of such design registration.

No, design means a conception or suggestion or idea of a shape or pattern which can be applied to an article or capable of being applied by industrial process or means. It is not mandatory to produce the article first and then make an application.

No. Any use of design shall amount to publication and defeat the application for registration of the design. Therefore, it is important to first file for registration of design before using it.First-to-file rule is applicable for registrability of design.

Yes, the same applicant can apply again since no publication of the abandoned application is made by the Designs Office, provided the applicant has not published the said design in the meanwhile.