In today’s competitive market, the appearance of a product is often as important as its function. From smartphones to furniture, industrial design plays a key role in influencing buying decisions. If you have ever created a new shape, pattern, or configuration that adds aesthetic appeal to a product, the law allows you to protect it through industrial design registration in India.
This guide will walk you through what counts as an industrial design, how to protect it legally, and why it matters to creators and businesses like yours.
What Is an Industrial Design?
An industrial design refers to the visual or aesthetic features of a product that appeal to the eye. It does not relate to the product’s function or technical aspects.
According to the Designs Act, 2000, a design includes the shape, configuration, pattern, ornament, or composition of lines or colours applied to any article, whether two-dimensional or three-dimensional.
Key Characteristics of an Industrial Design
- It must be new and original.
- It should be visible and appeal to the eye.
- It must not include any mechanical or technical feature.
- It should be capable of being applied to an article by an industrial process
Why Is Industrial Design Protection Important?
Registering a design gives you exclusive rights to use and reproduce it. In a market driven by appearance and innovation, design protection helps prevent others from copying or imitating your work.
Some major benefits include:
- Monopoly Rights: Exclusive control over your design for a specific period.
- Market Advantage: Builds brand identity and customer loyalty.
- Revenue Generation: Designs can be licensed or sold for commercial gain.
- Legal Protection: Provides a legal remedy in case of infringement.
Which Law Governs Industrial Designs in India?
The Designs Act, 2000 and the Designs Rules, 2001 (as amended) govern the registration and protection of industrial designs in India.
The Controller General of Patents, Designs, and Trade Marks (CGPDTM), under the Ministry of Commerce and Industry, administers design registration through the Design Wing of the Indian Patent Office located in Kolkata.
What Are the Requirements for a Design to Be Registered?
Not every design is eligible for protection. The law specifies clear criteria for registration.
Eligibility Criteria
A design can be registered only if it is:
- New or original – not previously disclosed or published in India or abroad.
- Not contrary to public order or morality.
- Not a mere mechanical device.
- Applied to an article that can be made and sold separately.
- Distinct from existing or known designs.
Non-Registrable Designs
The following cannot be registered:
- Designs contrary to law or public morality.
- Designs that include artistic works under the Copyright Act.
- Flags, emblems, or official symbols.
- Designs that have been previously published anywhere in the world.
How to Register an Industrial Design in India?
Registering an industrial design involves a few systematic steps. Let’s go through the process step by step.
Step 1: Conduct a Design Search
Before filing, conduct a novelty search on the official IP India website to ensure that your design has not already been registered.
Step 2: Prepare the Application
The application must include:
- Form 1 (for registration)
- Representation sheets of the design (drawings or photographs)
- Statement of novelty
- Class and subclass of the article (as per the Locarno Classification)
- Power of attorney (if filed through an agent)
Step 3: File the Application
The application can be filed:
- Physically at the Patent Office, Kolkata, or
- Online through the official IP India website.
Step 4: Examination by the Design Office
The Controller examines the application for compliance and novelty. If objections arise, you may be asked to make amendments or provide clarifications.
Step 5: Registration and Publication
Once accepted, the design is registered, and a certificate of registration is issued. The design details are then published in the Official Journal of Designs.
How Long Does Design Protection Last in India?
A registered industrial design is initially protected for 10 years from the date of registration.
It can be renewed for an additional 5 years by filing a renewal application before the expiry of the initial term.
After 15 years, the design enters the public domain and may be freely used by others.
What Rights Do You Get After Registration?
Once your design is registered, you gain exclusive rights to:
- Use the design on the article.
- Prevent others from using, copying, or imitating it.
- License or assign the design for monetary benefits.
If any person infringes upon your registered design, you can initiate legal proceedings and claim damages.
How Is Infringement of Industrial Design Dealt With?
Infringement occurs when an unauthorized person applies your registered design to any article for sale, import, or use without your consent.
Legal Remedies
Under the Designs Act, 2000, the registered proprietor can:
- File a suit for injunction to stop further use.
- Claim damages up to Rs. 50,000 per design.
- Seek seizure or destruction of infringing goods.
Exceptions
- Private and non-commercial use is not considered infringement.
- Designs used for experimental or educational purposes may be exempted.
Can an Industrial Design Be Registered Internationally?
India is a member of the Paris Convention and the WIPO-administered Hague Agreement, allowing applicants to seek protection in multiple countries.
However, registration in India does not automatically extend to other countries. To protect your design globally, you must file separate applications or use the Hague System for International Registration.
What Happens If Your Design Is Not Registered?
If your design is not registered:
- You lose exclusive rights over its use.
- Others may copy or commercially exploit your design.
- Legal remedies become limited or unavailable.
Unregistered designs may, at best, be protected under copyright or passing-off laws, but such protection is weaker and harder to enforce.
What Is the Difference Between a Patent and an Industrial Design?
Many creators confuse design registration with patents. While both protect intellectual creations, they serve different purposes.
| Feature | Industrial Design | Patent |
| Focus | Aesthetic or ornamental aspects | Functional or technical innovation |
| Law | Designs Act, 2000 | Patents Act, 1970 |
| Duration | 10 + 5 years | 20 years |
| Registration Time | Shorter and simpler | More complex and longer |
| Rights | Prevents copying of design | Prevents use of invention |
How Can You Maintain Your Design Rights?
To ensure continued protection, it’s essential to maintain and monitor your design registration actively.
- File renewals before expiry of 10 years.
- Keep detailed records of usage and licensing.
- Monitor the market for potential infringements.
- Use the “Registered Design” marking on products.
Failure to maintain or renew the registration can result in loss of rights.
Want to Learn More About IP Protection?
Industrial design protection is only one part of the broader intellectual property rights framework. Understanding how to safeguard creations—be it inventions, artistic works, or brand names—is vital for any innovator or business professional.
If you wish to explore IP law practically, check out LawMento’s IPR Course. Learn from industry experts and gain hands-on knowledge about patents, copyrights, trademarks, and design laws.
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