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.