Design
Design
Design Law in India – The Designs Act 2000
A Design to be registerable must be of some shape, configuration, pattern, ornamentation or composition of lines or colours applied to any article, whether in two or three dimensional (or both) forms and capable of being applied to an article. The article to which it is applied should appeal to and judged solely by the eye.
Conditions for a Registerable Design
The design should be new or original, not previously published or used in any country before the date of application for registration.
The novelty may reside in the application of a known shape or pattern to new Subject matter with respect to the class of article to which it is applied.
Duration or Validity Term of a Registered Design
The duration of the registration of a design is ten years from the date of registration, but in cases where claim to priority date has been allowed the duration is ten years from the priority date. Thereafter it can be extended by further period of 5 years on payment of a prescribed fee by filing a application.
Protection of Design
Design right is enforceable by a proprietor only upon registration which allows to prevent others from manufacture, sell, market, import and export having an identical appearance.
Piracy of a Design
Any person who infringes the copyright in a design is guilty of piracy and is liable for a fine.
