Purpose
- The Designs Act, 2000 governs the protection of industrial designs in India.
- Its main aim is to safeguard new and original designs applied to articles of manufacture, ensuring that creators benefit from their aesthetic innovations.
- It replaced the Designs Act, 1911 to align Indian law with international standards (like TRIPS Agreement).
Key Features
- Definition of Design
- Only the features of shape, configuration, pattern, ornament, or composition of lines or colors applied to an article, by any industrial process, are protected.
- Designs must be new, original, and appeal to the eye.
- Functional aspects or modes of construction are not covered as per Design Act.
- Novelty & Originality
- A design must be new and not previously published anywhere in the world.
- Must not be a mere mechanical device or a scandalous/obscene design.
- Registration
- Design applications are filed at the Controller General of Patents, Designs, and Trade Marks (CGPDTM).
- On approval, the design is entered in the Register of Designs.
- Rights of Proprietor
- Exclusive right to apply the design to the article in the class it is registered.
- Can take legal action against piracy (unauthorized copying or imitation).
- Term of Protection
- Initial term: 10 years from date of registration.
- Extendable by 5 years (maximum 15 years).
- Piracy of Design
- Unauthorized application of a registered design is an infringement.
- Penalty: up to ₹25,000 per contravention, and recovery up to ₹50,000 per design as contract debt.
- Assignment & Transmission
- Registered designs can be assigned, licensed, or transmitted like property.
- International Alignment
- Harmonized with the TRIPS Agreement.
- Classification of goods follows the Locarno Classification system.
Exclusions
- Designs not eligible for protection include:
- Functional/mechanical features.
- Trademarks, property marks, artistic works under the Copyright Act.
- Designs contrary to morality or public order.
Significance
- Encourages creativity and innovation in industrial and consumer products.
- Protects investments in product appearance and branding.
- Helps Indian industry compete globally by preventing design piracy.
Conclusion: The Designs Act, 2000 provides a legal framework to protect new, original, and visually appealing industrial designs in India for up to 15 years, granting creators exclusive rights and remedies against infringement.
