The Designs Act, 2000 (“the Act”), is a completed code in itself.  And security under it is completely legal in nature. It extends the protection of visual design of articles that are not simply utilitarian.

Design is characterized in the Section 2(d) of the Act as:

“design” signifies just the highlights of shape, setup, example, decoration or organization of lines or shadings applied to any article whether in two dimensional or three dimensional or in the two structures, by any modern cycle or means, regardless of whether manual, mechanical or synthetic, isolated or consolidated, which in the completed article appeal to and are judged exclusively by the eye; however does exclude any mode or rule of development or anything which is in substance a simple mechanical gadget, and does exclude any trade mark as characterized in condition (v) of sub-section (1) of section 2 of the Trade and Merchandise Marks Act, 1958 (43 of 1958) or property mark as characterized in section 479 of the Indian Penal Code (45 of 1860) or any creative work as characterized in statement (c) of section 2 of the Copyright Act, 1957 (14 of 1957).

The pre-necessities for a design to meet all requirements for security are as per the following

It ought to be novel and unique.

It ought to be relevant to a utilitarian article.

It ought to be noticeable on a completed article.

There ought to be no earlier distribution or divulgence of the design.

Locarno Classification

Designs are enlisted in various classes according to the Locarno Agreement. It is utilized to characterize products for the motivations behind the enlistment of modern designs which further aides in Design look. These classes are basically work arranged.

Protection term

The Copyright on an enrolled design is altogether for a very long time. At first the Copyright in Design is enrolled for a very long time, which can additionally be stretched out by 5 years on making an application for reestablishment.

Design Rights

As in the event of some other IP rights, the design enrollment additionally presents a monopolistic right to the Proprietor by which he/she can lawfully reject others from duplicating, assembling, selling, or managing in the said enlisted design without his/her earlier assent.

The design enlistment is especially helpful for elements where the state of the item has tasteful worth and the element wishes to have restrictiveness over the said novel and unique design applied to its product(s) or article(s).

Notwithstanding the abovementioned, the design looked for insurance should be new or unique, i.e., not revealed to people in general in India or somewhere else on the design by earlier distribution or by earlier use or in some other manner. The design ought to be fundamentally recognizable from designs or mix of designs that are as of now enrolled or prior or uncovered to people in general. Besides, the design ought to exclude any outrageous or revolting matter or any highlight that is simply utilitarian in nature.


It is presented that according to Section 19 of the Designs Act, 2000, whenever during the means of the Design enlistment, any individual can look for wiping out of design enrollment by recording a Petition before the Controller, on the accompanying grounds: [ra1]”…(a) that the design has been recently enrolled in India; or

(b) That it has been distributed in India or in some other country preceding the date of enlistment; or

(c) That the design is anything but another or unique design; or

(d) That the design isn’t registerable under this Act; or

(e) That it’s anything but a design as characterized under proviso (d) of section 2…”

Further, an appeal against the request for the Controller can be made to the High Court.

Design registration in Bangalore

Piracy of Registered Designs

Section 22 of the Designs Act, 2000, gives that any fake or clear impersonation of an enlisted design without the assent of the owner is unlawful and furthermore restricts the import of such material which intently looks like an enrolled design. The part explicitly gives that in a common case pay payable will not surpass Rs. 50,000/ – in regard of encroachment of one enrolled design. As the pay payable is legally restricted, it is a decent ground for demanding a break order even before the beginning of preliminary.

Comparison of design registration against IPs

Design enlistment versus Patents enrollment:

A patent assurance is allowed over an original item or interaction including creative advance (specialized development) and displaying modern relevance. One of the excellent differentiators for design versus patent security is that in spite of designs, licenses should contain a practical and additionally primary component of specialized importance.

While a design is decided on style just and not the usefulness/details of the shape/example of an article, the licenses then again are made a decision about exclusively on the usefulness and not the feel of the element/shape.

Design enlistment versus Copyright: Both design and copyright assurances identify with tasteful highlights of the article. The separating factor is plainly given under Section 15(1) of the Copyright Act, 1957, which expresses that:

Copyright will not stay alive in any design enrolled under the Designs Act, 1911, or Copyright in any design fit for being enrolled under the Designs Act, will stop when any article to which the design has been applied to has been recreated in excess of multiple times by a industrial process.

Thusly, by excellence of Section 15 of the Copyrights Act, a design enrollment and copyright over the article can’t exist together, the two types of IP assurance are fundamentally unrelated.

Design enrollment versus Trademark enlistment:

10A enrolled design and a brand name (not yet enrolled) may have a covering region. Say if a novel shape is an enlisted design and the said remarkable state of the article accomplishes such degree of prominence prompting brand acknowledgment in the midst of accessible articles in similar order of merchandise, the equivalent might fall viable for trademarks enrollment by the owner/organization. In like manner, a special mechanically applied shape or example will be enlisted as design, and if and when the design becomes characteristic of the beginning of the article/results of the organization, the organization might consider applying for enrollment of the shape/design as a brand name.