What is Design Registration?
Design Registration is a legal process under the Designs Act, 2000 that protects the unique visual appearance of a product. This includes features of shape, configuration, pattern, ornament, or composition of lines or colors applied to any article.
Unlike patents which protect the functionality, design registration strictly protects the aesthetic look of the product. To be registrable, a design must be new, original, and not previously published in any country.
Why is Design Registration Important?
- Exclusive Rights: Grants the owner the sole right to use the design on the article for which it is registered.
- Legal Protection: Provides a legal basis to stop others from copying or imitating your product's design.
- Asset Creation: A registered design is an intellectual property asset that can be sold, licensed, or used to raise funds.
- Market Differentiation: Helps your product stand out in the market with a unique identity.
- Global Protection: Can be used as a basis for claiming priority in other countries under the Paris Convention.
Documents Required for Design Registration
To file a design application, you need the following documents:
- Application Form (Form 1): Duly filled and signed.
- Representations: 4 copies of the design (photographs or drawings) showing all views (Front, Back, Top, Bottom, Side, Perspective).
- Statement of Novelty: A statement indicating the unique features of the design.
- Power of Attorney (Form 21): If filed through an agent/attorney.
- Priority Document: If claiming priority from a convention country application.
- Applicant Details: Name, address, and nationality of the applicant.
Step-by-Step Registration Process
- Design Search: Conduct a search to ensure the design is novel and not already registered.
- Filing Application: Submit the application with the required forms, fees, and representations to the Patent Office.
- Examination: The Design Office examines the application for formal and substantive requirements.
- Objections (if any): If the examiner raises objections, a response must be filed. A hearing may be appointed.
- Registration & Publication: If accepted, the design is registered, a certificate is issued, and it is published in the Official Journal.
Fees & Penalties
Government Filing Fees
- Individuals: ₹1,000
- Small Entities / Startups: ₹2,000
- Others (Large Companies): ₹4,000
Penalties for Infringement
If someone pirates a registered design, they are liable to pay a penalty of up to ₹25,000 per violation (recoverable as a contract debt), subject to a maximum of ₹50,000 per design. The owner can also sue for damages and injunctions in a District Court.
Validity & Renewal
The initial validity of a registered design is 10 years from the date of registration. It can be extended for a further period of 5 years by filing an application for extension (Form 3) along with the prescribed fee before the expiry of the initial 10-year term. The maximum total protection period is 15 years.
