Designs
Designs
- As per the Designs Act, 2000, design means only “the features of shape, configuration, pattern, ornament or composition of lines or colours applied to any article whether in two dimensional or three dimensional or in both forms, by an industrial process or means, whether manual or chemical, separate or combined, which in the finished article appeal to and are judged solely by the eye; but does not include any mode or principle of construction or anything which is in substance a mere mechanical device, and does not include any trademark … or property mark … or any artistic work …”
- In Mohan Lal v. Sona Paint & Hardwares [2013 SCC OnLine Del 1980], the Delhi High Court held that “the protection under the Designs Act is granted only to those designs which have an aesthetic value or otherwise appeal to the eye”. Furthermore, a design to be registrable: needs to be new or original; should not have been disclosed to the public; should be significantly distinguishable from known designs or combination of known designs; and should not comprised or contained scandalous or obscene matter.
- A design on registration is protected as a copyright for the period of 10 years from the date of registration with a further extension available for the period of 5 years. Hence, the maximum for which a design can be protected is 15 years.
- A design needs to be registered before it is commercialized or the article on which it is applied is publicly displayed.
- We provide a range of services pertaining to the protection of designs including pre-registration consultancy, handling of proceedings for registration, and litigation concerning infringement.
