REACH US

Subramaniam & Associates

Head Office

M3M Cosmopolitan, 7th Floor

Sector 66, Golf Course Extension Road

Gurugram - 122 001

National Capital Region

India

Tel: (+91-124) 4849700

Fax: (+91-124) 4849798 / 4849799

New Delhi Office

Central Square, Suite-328 

PLaza III, 20 Manoharlal Khurana Marg

Bara Hindu Rao (off Rani Jhansi Road)

Delhi - 110 006

Tel: (+91-11) 30165700/49054650 

Fax: (+91 11) 30165798/30165799

E-mail: sna@sna-ip.com

BUSINESS

HOURS

MONDAY THROUGH FRIDAY:

9 AM TO 6 PM

SATURDAY AND SUNDAY:

CLOSED

A skeleton staff may be present in the office on some Saturdays.

DISCLAIMER

As per the Bar Council Rules of India, Indian advocates are not permitted to solicit work or advertise their services, except by way of information on their website as specifically prescribed by said Rules. By continuing to use this website, you agree that your use of the website is limited to the purpose of obtaining information about SNA, its team and its areas of practice. You also agree that nothing on this website shall be construed as legal advice.

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© 2016 Subramaniam & Associates. All rights reserved.

DESIGNS

SNA

 Subramaniam

 & Associates

Attorneys-at-Law · Patent and Trademark Agents

Our designs team is cost effective and responsive. We file design applications for our clients all over the world, ranging from designs for safety pins to designs for space rockets. With a thorough understanding of the peculiarities of Indian designs law, we draft clear, meticulous and exhaustive applications which result in inclusive, watertight rights, addressing any questions or concerns our clients may have along the way with clarity and efficiency.     

How do Designs work in India?

Designs law in India is governed by The Designs Act, 2000 and The Designs Rules, 2001 (as amended by (Amendment) Rules, 2014).  The Act states (in section 6) that a design may be registered in respect of any or all of the articles comprised in a prescribed class of articles.

Section 11 of the Act states the following:

Copyright on registration - (1) When a design is registered, the registered proprietor of the design shall, subject to the provisions of this Act, have copyright in the design during ten years from the date of registration.

(2) If, before the expiration of the said ten years, application for the extension of the period of copyright is made to the Controller, in the prescribed manner,  the Controller shall, on payment of the prescribed fee, extend the period of copyright for a second period of five years from the expiration of the original period of ten years.

 

The Act also defines 'copyright' in this context as follows:

"Copyright" means the exclusive right to apply a design to any article in any class in which the design is registered.

Section 22 of the Act describes piracy of registered designs as follows:

(1) During the existence of copyright in any design it shall not be lawful for any person -  

(a) for the purpose of sale to apply or cause to be applied to any article in any class of articles in which the design is registered, the design or any fraudulent or obvious imitation thereof, except with the license or written consent of the registered proprietor, or to do anything with a view to enable the design to be so applied; or

(b) to import for the purposes of sale, without the consent of the registered proprietor, any article belonging to the class in which the design has been registered, and having applied to it the design or any fraudulent or obvious imitation thereof; or

(c) knowing that the design or any fraudulent or obvious imitation thereof has been applied to any article in any class of articles in which the design is registered without the consent of the registered proprietor, to publish or expose or cause to be published or exposed for sale that article.