Chandrakant M. Joshi & Attorneys
Chandrakant M. Joshi & Attorneys
Design is the right of exclusivity given to inventor of design
– The design Act, 2000
– The design Rules, 2001
– Encouragement of innovation
– Legal protection
– Market positioning
Partner with India’s trusted IP attorneys to secure and maximize the value of your innovations and brand assets.
1. What is a design under design law?
A design refers to the visual and ornamental features of shape, pattern, configuration, or colours applied to an article, judged solely by the eye. It does not include functional features, mechanical devices, trademarks, or artistic works.
2. How long are design rights protected?
A registered design is protected for 10 years from the filing or priority date and can be extended for an additional 5 years. Design rights are territorial and apply only within the country of registration.
3. Why are design rights important?
Design rights prevent competitors from copying the visual appearance of a product. Unique designs attract customers, create brand value, and provide a strong competitive advantage, especially for startups and consumer-facing businesses.
4. What are the benefits of design registration?
Design registration protects original designs, prevents unauthorized imitation, and allows the owner to commercially exploit the design through licensing, assignment, or direct use.
5. What designs are not eligible for registration?
Designs that are not new or original, already disclosed to the public, not significantly different from known designs, contain obscene or scandalous matter, or are prohibited under Indian law cannot be registered.