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DESIGN REGISTRATION

Basic understanding
India's Design Act, 2000 was enacted to consolidate and amend the law relating to protection of design and to comply with the articles 25 and 26 of  TRIPS agreement. The new act, (earlier Patent and Design Act, 1911 was repealed by this act) now defines "design" to mean only the features of shape, configuration, pattern, ornament, or composition of lines or colours applied to any article, whether in two- or three-dimensional, or in both forms, by any industrial process or means, whether manual or mechanical or chemical, separate or combined, which in the finished article appeal to and are judged solely by the eye; but does not include any mode or principle of construction.

An industrial design consists of the creation of a shape, configuration or composition of pattern or color, or combination of pattern and color in three-dimensional form containing aesthetic value. An industrial design can be a two- or three-dimensional pattern used to produce a product, industrial commodity or handicraft.

Benefits of Design registration

  • Enables licensing and commercialization
  • Prevent the unauthorized use
  • Seek monetary compensation for losses incurred

Moreover, A design is what makes an article attractive and appealing. Hence, it adds to the commercial value of a product and increases its marketability.

When a design is protected, the owner i.e. the person or entity that has registered the design is assured an exclusive right against unauthorized copying or imitation of the design by third parties. This helps to ensure that the design of the products is exclusive to the owner and the customer can at once identify the design of the product as that of the owner.

Procedure for the Design registration