Design Protection

Design Protection Services

Professional Design Protection Company in India – Specializing in Design Protection Services In India

Trademark or patent rights are a main go-to strategy for a business wishing to ensure IP protection for a new product. However, if the design of a product in question plays a crucial role in its differentiation on the market, design rights are a simple and cost-effective option to protect the product’s innovative appearance.

What are Design Rights?

Design rights protect design features of a product i.e. shape, pattern, ornamentation etc. In India, design rights are granted for a period of 10 years and can be subsequently renewed for 5 years. Design rights protect products from exact copies and loose imitations by a third party.

Registration requirements: Obtaining national rights

Application for IP protection in India is subject to the following conditions: –

  • Designs must be original and new
  • Designs shall not be disclosed publicly in India and worldwide before the application for registration has been submitted
  • Designs must be significantly distinguishable from other known designs and combinations of designs
  • The design shall not contain obscene or scandalous material

Further, there exist products that cannot be registered under the designs act. They include products that cannot function independently such as:

  • Book jackets, calendars, certificates, forms and documents;
  • Dressmaking patterns, greeting cards, leaflets, maps and plan cards;
  • Postcards, stamps and medals;
  • Labels, tokens, cards and cartoons.

Registration requirements: Obtaining a design protection

A proprietor of a new design may apply for registration with the head patent office in Kolkata or its branches in Delhi, Chennai and Mumbai. The requisite form is submitted along with representations of the object and registration fees are paid. For non-Indian residents, the application must be made through an IP agent residing in India.

Documents to be provided when applying for a design registration

The following documents need to be submitted to apply for registration of a design:

  • Application Form-1
  • Power of Attorney (POA)
  • Representation sheets including different perspective views of the article clearly showing the novel design. The representation sheets can include photographs, line diagrams, or sketches.
  • Details of Class of articles for which design protection is sought
  • Details of Applicant
  • Certified copy of priority document if priority is claimed from a foreign application
  • Any other additional documents if required by the office

Scope and Length of Design Protection

The aesthetics of any article or product of manufacture are protected and registered in India under the Designs Act, 2000 (“the Act” for short) and Designs Rules, 2001, as amended in 2008.

A “Design,” according to Section 2 (d) of the Act, is defined as

features of shape, configuration, pattern, ornament or composition of lines or colors applied to any article by any industrial process or means.

As per Section 5 of the Designs Act, 2000,

any person who claims to be the proprietor of any new or original design can apply for registration of such design.

Registering your design offers a wide scope of protection. Registration safeguards your product’s unique properties (shape, texture, ornamentation) and it upholds your exclusive right to sell or license your design as you see fit. Should your design experience unauthorized use, design protection lets you initiate a lawsuit to remedy this infringement. Initial registration is valid for 10 years and can be extended by 5 years on payment of renewal fees.

Benefits of Design Registration in India

Industrial design registration provides a number of benefits to a designer. This layer of protection can be a great business asset. With consumers increasingly rating design as equally (and sometimes more) important than function, exclusive rights to your unique design can greatly contribute to the overall success of your business.

Financially speaking, obtaining exclusive rights to a product with a particular appearance may result in a substantial return on your investments since it effectively prevents your competitors from making use of a popular design.

Legal Protection against Design Infringements

Design protection helps in the legal matters, too. Should an infringement of your rights occur and be proven in court, you are legally entitled to be compensated for damages incurred from lost sales. The importance of this benefit cannot be overstated: the knowledge that your work is fully protected leaves you free to focus on designing superior products without worrying whether your designs will be cheaply mass-produced without your permission.

For those who are not capable of manufacturing products based on their own designs, design protection can be a great solution seeing that it allows a registered designer to sell their works and earn royalties from sales of the finished product.

Last but not least, the period of exclusivity inherent in design protection leaves room for you to build your reputation. A spotless reputation is a great aid on your way to acquiring trademark rights which can protect your design forever.