The document outlines the Indian Designs Act, 2000, which governs the registration and protection of industrial designs, defining key terms and procedures for registration and maintenance. It details eligibility for applicants, types of designs that can be registered, associated fees, and the process for restoration and cancellation of designs. Additionally, it specifies the terms of protection, including the duration and renewal processes, as well as penalties for piracy of designs.

1. R.S.PRAVEEN RAJ
Senior Scientist - IP Management & Technology Transfer
CSIR-NIIST, Thiruvananthapuram
r.s.p.raj@gmail.com

2. Industrial Designs
- The features of Shape, Configuration,
Pattern or Ornamental or Composition of
lines or colours or Combination thereof
applied to any article, in two dimensional or
three dimensional or in both forms.

3. Design Examples

4. INDUSTRIAL DESIGNS
An Industrial design is that aspect of a useful article, which is ornamental or
aesthetic (shape, configuration, pattern, ornamentation and composition
of lines/ colours)

10. WORD
NAME
LOGO
Is registerable
e.g. for same
Pressure Cooker
“PRESTIGE”
“HAWKINS”
“MAHARAJA”
Any modification in
SHAPE
PATTERN
CONFIGURATION
e.g. Shape of a
HANDLE
or
BODY PORTION
of a Pressure Cooker
Inventions relating
to
CONSTRUCTIONAL
FEATURES
e.g. Safety Valve
Mechanism
of a
PRESSURE
COOKER
TRADE MARKS
DESIGNS
PATENTS
INDUSTRIAL PROPERTY

11. Another Example
Patent - Constructional features of Lock
Design-Casing enclosing the mechanism
TradeMark - brand name for the
Lock(Godrej)
Copy Right -Instruction Manual

12. Fee for Design Registration
Registration of Design
Renewal Fee
Natural
Person
Rs. 1000
Rs. 2000
Small
Entity
Rs.2000
Others
except
small
entity
Rs.4000
Rs. 4000 Rs. 8000
Term of Protection in India
Initial protection is for 10 years
Protection can be renewed for another 5 years

13. “Design” means only the features of shape, configuration,
pattern, ornament or composition of lines or colours
applied to any article whether two dimensional or three
dimensional or in both forms, by any industrial process
or means, whether manual, 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 or any thing
which is in substance a mere mechanical device, and does
not include any trade mark as defined in clause (v) of sub-
section (1) of Section 2 of the Trade and Merchandise Marks
Act, 1958 or property mark or any artistic work as defined
under Section 2(C) of the Copyright Act, 1957.
Copyright on Design registration is governed and
protected by Designs Act, 2000
Definition of Design under Designs Act, 2000

14. Salient features of Designs Act, 2000
1. Introduces the definition of “Original” [Sec 2(d)].
2. Enhances the scope of the definition of “article” and
“design” [Sec 2(a) & (d)].
3. Provision of identification of non registrable design [Sec 4]
4. Introduces internationally followed classification [Sec 6].
5. Restoration of lapsed Design [Sec 12]
6. Revocation of period of secrecy for two years for inspection
of registered design [Sec 17].
7. Cancellation of registration [Sec 18].
8. Enhancement of period of registration from 5 to 10 years
[Sec 11].
9. Provision of allowing priority to convention countries group
of countries or Inter Governmental Organizations [Sec 44].

15. Two important definitions under the
Designs Act, 2000
• Article”” means any article of manufacture and
any substance,artificial,or partly artificial and
partly natural, and includes any part of an
article capable of being made and sold
separately. [Section 2(a)]
• “Original” in relation to a design means
originating from the author of such design and
includes the cases which though old in
themselves yet are new in their application.
[Section 2(g)]

16. Design should be “New” or “Original”
• New : Not Previously published or used
in any country before the date of
application for registration.
• Original : The known shape of kutub
minar when applied to a cigarette holder
is original and it can be registered.
Originality should involve real mental
activity for conception.

17. Meaning of ‘Set of Articles’
Requirement for set of articles:
• Intended to be used together.
• All having common design even though articles are
different ( Same Class)
• Same general character
Example :Cup and Saucer , sofa set.
• Article having the same design and sold in different
sizes is not considered as set of articles.
Example: Tea set Pen set Knife set

18. Shape & Configuration signify something solid
Shape & Configuration signify something solid
where an idea has been incorporated into the
where an idea has been incorporated into the
article.
article.
Contd.

19. Pattern or ornament or composition of colour /
Pattern or ornament or composition of colour /
lines relates to something two dimensional.
lines relates to something two dimensional.
Contd.

20. Contd.
When a figure, showing
When a figure, showing t
the fea
he feat
ture of
ure of the design of an article, is drawn
the design of an article, is drawn
on a paper it will be regarded as if design has been applied to the
on a paper it will be regarded as if design has been applied to the
article sought to be registered.
article sought to be registered.

21. A new shape applied to toothbrush which
A new shape applied to toothbrush which
produces a new visual appearance on the
produces a new visual appearance on the
article.
article.
Contd.

22. The features of the design in the finished article
The features of the design in the finished article
should appeal to and are judged solely by the
should appeal to and are judged solely by the
eye.
eye.
Contd.

23. Designs of artistic nature like paintings,
Designs of artistic nature like paintings,
sculptures and the like which are not produced
sculptures and the like which are not produced
in bulk by any industrial process are excluded
in bulk by any industrial process are excluded
from registration under the Act.
from registration under the Act.

24. Prohibition of registration of
certain designs
A design which
Is not new or original; or
Has been disclosed to the public anywhere in India or any other country by publication
in tangible form or by use or in any other way prior to the filing date, or where
applicable, the priority date of the application for registration; or
Is not significantly distinguishable from, known designs or combination of known
designs; or
Comprises or contains scandalous or obscene matter.
Shall not be registered.

25. Non registrable designs (Illustration)
• Principle or mode of construction of the article,
mere mechanical device, building and structure,
real estate, mere workshop alterations of
components of an assembly.
• Stamps,labels,token,medals,trademarks,comput
er chip,integrated circuit design & topographies.
• Mere change in size or material of the
article,design contrary to morality or public order.

26. Non registrable designs (Illustrations)
Parts of articles not manufactured and sold
separately
Flags,emblems or signs of any country
Cartoons ,cards and tokens
Book jackets, calendars,certificates
Greeting Cards,leaflets,post cards

27. Who can be an applicant?
• Any person claiming to be proprietor of a
design may apply for registration.
• Person includes firm, partnership or body
corporate or legal entity.

28. Filing of Design Application
CALCUTTA
H.O.
Receiving & Examination
Delhi Chennai
Mumbai
Receiving
Center
Receiving
Center
Receiving
Center

29. Processing of Design Application

30. Documents necessary for making
application for design registration
• Application shall be filed on prescribed form (Form1) with
prescribed fee of Rs.1000.
• Representation of the article, clearly showing all the features
of the design by different views and stating names of the
views below each view ,in durable paper shall be filed in
quadruplicate.The statement of novelty and disclaimer (if
required ) in respect of mechanical action,trade
mark,word,letter, numerals and similar design in other class
shall be endorsed in each copy of the representation sheet,
which should be signed and dated
• Power of attorney ( if necessary )
• Priority documents (if claimed under paris convention or
WTO )

31. Contents of application form
• Full name, address and nationality of the
applicant.
• Address for service in India
• Name of the article to which the design is applied.
• Class No. according to an International
Classification of Industrial Designs—
There are 32 classes and are mainly function
oriented.
In specific cases, function of the article or
purpose of the article is to be mentioned along
with the name of the article for classification

32. Representation sheet should be signed
and dated. They should be endorsed
with novelty statement and disclaimer
statements
• Examples
Novelty resides in the shape and configuration of the
“flower vase””as illustrated
Novelty resides in the shape and configuration
particularly in the portions marked ‘A’ and ‘B’ of the flower
vase as illustrated.
Novelty resides in the ornamental surface pattern of the
“carpet” as illustrated.
Novelty resides in the composition of lines and colours of
the carpet as illustrated

33. Disclaimer Statements
No claim is made by virtue of this registration in
respect of any mechanical or other action of the
mechanism whatever or in respect of any mode or
principle of construction
No claim is made by virtue of this registration to any
right to the exclusive use of the words, letters,
numerals, flags, crowns, arms etc. Appearing in the
design.
No claim is made by virtue of this registration to any
right to the use as a trade mark of what is shown in
the representation

34. Classification of goods
• It is based on Locarno Agreement.
• It is based on basis of articles on which the
design is applied.
• There are 32 classes and subclasses.
• Toothbrush will be classified in class 04 and 04
- 02.
• Calculator will be classified in class 18 and 18 -
01.

35. Procedure for Registration of Design
• Official action on application.
• Refusal
• Appeals
• Non-completion of Registration
• Publication
• Cancellation

36. Official action on application
• Applications accompanied by the prescribed fee
and four copies of the representation of the
design, on receipt at the office, are numbered
and dated and thereafter examined substantively.
• Defects, if any ,noticed on examination are
communicated to the applicant or to his agent
according to the address for service.
• Defects should be removed and the application
should be put in order for acceptance within six
months from date of filing.

37. Refusal
• Defects,if any, communicated to the applicant are
not removed as required by the controller, a
hearing will be given and at such hearing whether
the applicant is represented or not the controller
will decide the case according to its merit.
• Decision of the controller will be communicated in
writing to the applicant or his agent. The date of
supplying the grounds by the controller will
deemed to be the date of the controller’s decision
for the purpose of Appeal to High Court.

38. Appeal
• Any person aggrieved by the decision of
the controller refusing to register a design
may appeal to the High Court within three
months from such decision

39. Non-completion of Registration
• An application which owing to any neglect or default
of the applicant, has not been completed so as to
enable registration to be effected within six months
from the date of application, are deemed to be
abandoned.
• No further action can be taken on such abandoned
applications.
• No publication of such application will be made in
the official Gazette.
• However, if the applicant desires to file again, he
may do so, but loosing the earlier date.

40. Publication
• Acceptance of the application will be
notified in the official Gazette with the
relevant particulars along with figures
showing the best representation of the
article so accepted

41. Register Of Designs
When a design is accepted, it is entered in the
register of designs
Contents in the register of designs
• Name of the applicant and his address
• Number of the design
• The class in which it is registered
• The date of filing of application.
• Change In the proprietorship of the design.

42. Cancellation
• Registration of a design may be cancelled at any
time after the registration of design on a petition
for cancellation in prescribed form with the
prescribed fee to the controller of Designs on the
following grounds:
• That the design has been previously registered in
India
• That it has been published anywhere in the world
prior to date of registration
• The design is not new or original
• Design is not registrable
• Not a design under the Act

43. • If cancellation petition is dismissed the
registration will be valid
• if it is allowed the registration will be
cancelled.
• Aggrieved party may appeal to the High
Court against the decision of the controller
within three months from the date of the
decision.

44. How to get Registration certificate
• When an application for registration of a
Design is in order, it is accepted and
registered and then a certificate of
registration is issued to the applicant.
• However, a separate request should be
made with requisite fee to the controller to
obtain a certified copy of the certificate for
legal proceeding

45. Term of registration of a Design
• Duration is ten years from the date of
registration, but in case where claim to
priority has been allowed, then duration is
ten years from the priority date.
• This initial period is extendable by a further
period of five years on an application made
with the prescribed fee.

46. Restoration of lapsed design
• A registration of design will cease to be effective on
non-payment of renewal fee for further term of five
years if the same is not paid before the expiry of
original period of ten years.
• Lapsed design may be restored on certain
conditions-
1. Application for restoration shall be filed in prescribed
form with the prescribed fees within one year from the
date of lapse stating the ground for such non-payment
of extension fee with sufficient reasons.
2. If the application is allowed by Controller, proprietor
has to pay renewal fee with an additional fee.

47. Effect of registration
• The registration confers upon the
registered proprietor “copyright” in the
design for the period of registration. In
other words, exclusive right to apply a
design to the article belonging to the class
in which it is registered.

48. Date of Registration
• Date of registration is the actual date of
filing of the application.
• In case of registration of design with
priority, the date of registration is the date
of making an application in the reciprocal
country.

49. Priority claim
• Right of priority is applicable as per the
provisions of the Paris convention to which India
is a member country.
• On the basis of a regular first application filed in
one of the contracting states, the applicant may
within six months apply for protection in other
contracting states,then later applications will be
regarded as if it had been filed on the same day
as the first application.

50. Piracy of a Design
• Application of a design or imitation to any
article belonging to class of articles in which
the design has been registered for the purpose
of sale or importation of such articles without
the written consent of the registered proprietor
amounts to piracy.
• Publishing such articles or exposing them for
sale with knowledge of the unauthorised
application of the design to them also involves
piracy of the design.

51. Penalty for the piracy
• If anyone contravenes the copyright in a
design he is liable for every offence to
pay a sum not exceeding Rs.25,000/- to
the registered proprietor subject to a
maximum of Rs.50,000/- recoverable as
contract debt in respect of any one
design.
• The suit for infringement, recovery of
damage etc; should not be filed in any
court below the court of District Judge

52. Some important provisions
1. On application for registration (Form – 1) - Rs. 1,000/-
2. Extension of copyright (Form – 3) - Rs. 2,000/-
3. Application of restoration of lapsed designs
(Form – 4) - Rs. 1,000/-
4. Additional fee for restoration - Rs. 1,000/-
5. Inspection of registered design (Form – 5) - Rs. 500/-
6. On petition for cancellation of design
(Form – 8) - Rs. 1,500/-
7. On application for certified copy of
registered design (Form – 16) - Rs. 500/-

53. 8.On application for extension of time
for priority document (Form – 18) - Rs. 200/-p.m.
9. On request to alter name or
address or address for service
in the Register of Design
(Form – 22) - Rs. 500/-
10. Petition under section 46 for
amendment of any document - Rs. 500/-
11. Petition under section 47 for
enlargement of time - Rs. 500/-

54. THANK YOU