The Designs Act protects the features of shape, configuration, pattern, ornamentation or composition of lines or colours applied to an article, which appeal to the eye in the finished product.
What qualifies
- It must be new or original.
- It must not have been published or used anywhere in the world before filing.
- It must be applied to an article by an industrial process.
- It must appeal to the eye — features that are purely functional are excluded.
- It must not be a trademark or an artistic work as such.
What does not
Methods of construction, purely functional features, and designs that are not significantly different from known designs.
Filing
The application includes representation sheets showing the article from different views, the name of the article, the Locarno class, and a statement of novelty. The government fee is ₹1,000 for individuals and startups, ₹2,000 for small entities and ₹4,000 for others.
Term
Registration lasts 10 years from the date of registration and can be extended once by 5 years, for a maximum of 15 years.
Enforcement
Applying a registered design, or a fraudulent or obvious imitation of it, to an article for sale without consent is piracy. The owner can seek an injunction and damages.
This guide explains the general position in India. Fees and rules change; your facts may change the answer. Speak to us before acting on it.