design law in india


Design Law in India

Design is a feature of shape, configuration, pattern, ornament or composition of lines or colors applied to any article whether in two dimensional or three dimensional or in both forms, by any industrial process or means, whether manual, mechanical 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 in substance a mere mechanical device, and does not include any trade mark, property mark or artistic work.

Design right is a territorial statutory right (enforceable only upon registration of said design), which allows the proprietor to prevent others from producing, importing, selling or distributing products having an identical appearance or a fraudulent or obvious imitation.

The Indian Intellectual Property Office (IPO) is the primary office, which comprises of the Trade Marks Registry, The Patent Office, and The Designs Office in India. The Designs Office has its head office at Kolkata and the other Branches of the Patent Office only function to accept design applications but all technical examination is conducted at the Kolkata Office.

The filing, prosecution and registration of Industrial Designs in India is governed by the Design Act, 2000 and corresponding Rules- Design Rules, 2001. Any person or his legal representative or assignee can apply for registration of design. On registration the registered proprietor acquires statutory rights over the registered design and can protect the design against infringement from a third party.

The Design Act, 2000 can be accessed.

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