Innovative products with new shapes, looks, ornamental features & patterns require design protection to prevent copying. Design has been one of the most interesting aspects of protection of Intellectual Property Rights. Often design can be alternatively used with drawings or shape. The physical features of a product such as shape, pattern, configuration, the composition of colours, or colours, in two or more dimensions can be referred to as the design of the product. This design when allowed to undergo an industrial process which leads to the creation of the final product that aesthetically appeals to the eye is known as the design of the product. A design is not inclusive of anything that is mere mechanical in nature. It is also not inclusive of any trademark or any artistic work.2
All the Intellectual Property Rights confer upon the holder of such right, an exclusive set of rights. The registration of a design in the same way confers upon the owner of the right, the exclusive right to apply that design to any article in the class in which the design has been registered. When the owner of the design or the original proprietor of the design registers such design, she is entitled to the rights conferred by the Intellectual Property Law i.e. in this case The Designs Act of 2000. She can file a suit for infringement if any other individual copies or engages in malpractices.
In addition to taking legal actions against infringement, the proprietor can also sell, license, assign his design as a legal property for consideration or royalty. The registration of the design typically lasts for 10 years and can be renewed for a period of 5 years. If the fees for the registration is not paid in advance then the right to further extend the protection for the period of 5 years will cease to exist. If the proprietor due to unavoidable circumstances could not file for the extension of registration period, the lapsed design can be restored within an year from the date of cessation in the prescribed manner.
1500+ GST 18%
1700+ GST 18%