by Design in IPR refers to the features of shape, configuration, pattern, ornamentation, or composition of lines or colors applied to any article in a two-dimensional or three-dimensional form—or both—by any industrial process. These features must appeal to the eye and be capable of being reproduced by an industrial process.
Under the Designs Act, 2000 (India), a design must be new or original, not previously published or used in any country, and should not contain any scandalous or obscene matter. It must not be a mere mechanical device or functional aspect but should focus on the aesthetic value of the product.
Importance of Design Protection:
Designs are essential in differentiating products in a competitive market. From fashion and automobiles to electronics and packaging, unique and appealing designs attract customers and build brand identity. By securing legal rights over designs, businesses:
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Prevent imitation by competitors.
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Establish market exclusivity.
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Strengthen brand recognition.
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Increase product value and customer loyalty.
Design protection also plays a vital role in promoting creativity, supporting small-scale industries, and contributing to economic development by encouraging innovation in appearance and product presentation.
Legal Framework: The Designs Act, 2000:
In India, the protection of designs is governed by the Designs Act, 2000, which replaced the earlier Designs Act of 1911 to align with international standards such as the TRIPS Agreement. The Act is administered by the Office of the Controller General of Patents, Designs and Trademarks.
The Act provides:
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Protection for original designs applied to articles.
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Registration validity for 10 years, extendable by 5 more years.
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The right to take legal action against infringement.
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The ability to license or assign design rights.
Registered designs are published in the Designs Journal, and once registered, the owner has exclusive rights to use and commercially exploit the design.
Criteria for Registration of a Design:
For a design to be eligible for registration under IPR law, it must meet certain conditions:
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Novelty: The design should be new and not disclosed in any prior publication.
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Originality: It must originate from the applicant or owner and not be a copy of existing designs.
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Visual Appeal: The design must be capable of being seen and must appeal to the eye.
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Industrial Applicability: It should be reproducible by an industrial process.
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Not Functional: The design should not relate to the functional aspect of the article.
Exclusions from Design Protection:
Certain designs are not eligible for protection under the Designs Act. These include:
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Designs which are purely functional or mechanical.
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Designs that are immoral, scandalous, or against public order.
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Designs that are already registered or disclosed publicly in any country.
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Designs based on national symbols, flags, or emblems without authorization.
Rights of the Design Owner:
The registered owner of a design has several exclusive rights, including:
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The right to use the design on products.
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The right to prevent others from using or imitating the design.
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The right to assign or license the design to others for commercial benefit.
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The right to sue for infringement and claim damages.
These rights enable the owner to capitalize on the design’s commercial value and maintain a competitive edge in the market.
Design Infringement and Remedies:
If someone uses a registered design without permission, it constitutes infringement. The owner can take legal action against the infringer. Remedies include:
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Injunctions to stop unauthorized use.
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Seizure or destruction of infringing goods.
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Compensation or damages for loss caused.
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Criminal liability in some cases.
These measures serve as strong deterrents and protect the economic interests of design owners.
