Design Registration in India

Industrial Design Registration at a glance

The registration and protection of industrial designs in India are governed by the Designs Act, 2000, and the corresponding Designs Rules, 2001, which took effect on May 11, 2001, replacing the earlier Act of 1911. The Design Rules, 2001, were subsequently amended by the Designs (Amendment) Rules, 2008, and the Designs (Amendment) Rules, 2014. The most recent amendment, effective from December 30, 2014, introduced a new applicant category called a small entity, in addition to natural persons and entities other than small entities.

A design pertains to the features of shape, configuration, pattern, ornamentation, or composition of lines or colors applied to any article, whether in two-dimensional or three-dimensional (or both) forms. This can be achieved through any industrial process or means—manual, mechanical, or chemical—either separately or in combination, and must appeal to the eye and be judged solely by the eye in the finished article. A design does not include any mode or principle of construction or anything that is merely a mechanical device. It also excludes trademarks and artistic works.

Registering a design grants the creator exclusive rights to use the design for ten years, which can be extended for an additional five years. In cases of infringement, the owner of a registered design can seek legal remedies under the Design Act.