Design Registration in India

A design is the set of features of shape, configuration, pattern, ornament or composition of lines or colours applied to an article, in two or three dimensions, by an industrial process, which in the finished article appeal to and are judged solely by the eye (Section 2(d), Designs Act, 2000). In plain terms, it is how a product looks.

Design registration therefore suits products whose appearance sells them: packaging and bottles, furniture, lighting, consumer electronics casings, jewellery, footwear, textile prints, automotive parts and toys.

The definition also sets limits. A design does not cover how the product works or is made: a mode or principle of construction, or anything that is in substance a mere mechanical device, is excluded, as are trademarks and artistic works protected by copyright. Technical function belongs to patents; brand identity to trademarks.

The government fee is set by the First Schedule to the Designs Rules, 2001, as amended in 2021. It is charged for each design in each class, and there are two tiers: a lower fee for natural persons, startups and small entities, and a higher fee for other applicants. Startups and small entities claim the lower tier on Form 24 with proof of status.

Further official fees arise later: on extending the registration for 5 more years before the first 10 years end, and on restoring a design that has lapsed for non-payment of the extension fee.

We confirm the amount from the current First Schedule in writing before filing. See design fees for the amounts, including the extension and restoration fees.

The representation sheets define the registration, so they deserve as much care as the product itself. They show the article from enough views to disclose the design fully, typically front, back, top, bottom, both sides and a perspective view, as drawings or clear photographs on a plain background, with every view the same scale and consistent with the others.

Three choices shape how strong the registration will be:

• What to show. Features shown in solid lines are part of the design. Features you do not want to claim, or that are purely functional, can be left out or shown in a way the examiner accepts as not claimed.
• The statement of novelty. A short statement identifying the features of shape, configuration, pattern or ornament that are new. Too broad, and the design may fail for lack of novelty; too narrow, and copies that change one detail escape it.
• Disclaimers. Mechanical features, trademarks, words, letters and numerals shown on the article are usually disclaimed, because the Designs Act does not protect them.

The class matters as well. Protection under Section 11 covers the article in the registered Locarno class, so a bottle design registered for containers does not by itself protect the same shape used as a lamp.

The registered proprietor has copyright in the design: the exclusive right to apply it to any article in the class in which it is registered (Section 11). Applying the design, or a fraudulent or obvious imitation of it, to articles of that class without consent, or importing or selling such articles, is piracy under Section 22.

The owner can sue for an injunction and damages, or claim a fixed sum for each contravention, up to ₹25,000, recoverable as a contract debt, with a cap of ₹50,000 for any one design (Section 22(2)). A registration can be cancelled on grounds such as earlier registration, prior publication, lack of novelty, or that it is not a design at all (Section 19), so a careful novelty check before filing protects the registration later.