Design law in India is primarily governed by the Designs Act, 2000, and the Designs Rules, 2001. The law protects the visual features of an article, such as its shape, configuration, pattern, ornament, or composition of lines or colours, which appeal to and are judged solely by the eye. To qualify for registration, a design must generally be new or original, not previously published or disclosed, and must satisfy the other statutory requirements. Registration gives the proprietor exclusive rights over the registered design and enables the proprietor to take action against unauthorized application of the design to relevant articles.

The Designs Act, 2000 aims to encourage innovation in industrial and commercial products by protecting their aesthetic appearance while preventing the misuse of registered designs. The registration of a design is generally granted for an initial period of ten years, which may be extended by a further five years, subject to the statutory requirements. The Act also provides remedies against piracy of registered designs, including monetary compensation and injunctions. Design protection is distinct from copyright and patent protection because it primarily focuses on the aesthetic and visual aspects of an article rather than its underlying artistic expression or technical function.

Indian courts have developed important principles concerning the scope and enforcement of design protection. In Bharat Glass Tube Ltd. v. Gopal Glass Works Ltd. (2008), the Supreme Court considered the validity and originality of a registered design relating to glass sheets. The Court emphasized the importance of novelty and prior publication when determining whether a design is entitled to protection. The decision is significant because it explains how courts should examine evidence of prior publication and assess whether a registered design is genuinely new or original.

Another important decision is Microfibres Inc. v. Girdhar & Co. (2009), where the Delhi High Court considered the relationship between copyright protection and industrial designs. The Court examined the statutory scheme governing artistic works applied to industrial articles and highlighted the distinction between copyright protection and design protection. The decision is particularly relevant because it demonstrates that a proprietor cannot necessarily use copyright law to obtain protection that has been excluded or limited by the statutory design regime. These cases illustrate the importance of novelty, originality, prior publication, and the interaction between design and copyright law in India.

Reach out to us, if you need assistance with:

• Design registration in India

• Design Search

• Design prosecution

• Drafting design examination response

• Conducting design hearings

• Preparing written submissions

• Obtaining design registration certificate

• Design registration in other countries

  ...and other design-related work