The registration and protection of industrial designs in India is administered by the Designs Act, 2000 (‘Act’) and corresponding Designs Rules, 2001 (‘Rules’). Industrial design recognizes the creation new and original features of new shape, configuration, surface pattern, ornamentations and composition of lines or colours applied to articles which in the finished state appeal to and are judged solely by the eye. In today’s post, lets look at what are designs and what are the requirements to get a design registered under the Act.
Overview
The object of the Act is to protect designs that are novel and are intended to be applied to commercially manufactured and marketed goods. It must be noted that a mode and mechanism of operation or working is not protected by the Act. The emphasis of the Act is upon the visual image conveyed by the goods.
“Those who wish to purchase an article for use are often influenced in their choice not only by practical efficiency but the appearance. Common experience shows that not all are influenced in the same way. Some look for artistic merit. Some are attracted by a design which is stranger or bizarre. Many simply choose the article which catches their eye. Whatever the reason may be one article with a particular design may sell better than one without it: then it is profitable to use that design. And much thought, time and expense may have been incurred in finding a design which will increase sales.”1 Thus, the object of design registration is to see that the originator of a profitable design is not deprived of his reward.
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Definition of Design
According to Section 2(d) of the Act, “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 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 is in substance a mere mechanical device, and does not include any trade mark as defined in clause (v) of sub-section(1) of section 2 of the Trade and Merchandise Marks Act, 1958 or property mark as defined in section 479 of the Indian Penal Code or any artistic work as defined in clause (c) of section 2 of the Copyright Act, 1957.
Term of Design Registration
As per Section 11 of the Act, when a design is registered, the registered proprietor of the design shall have copyright in the design during 10 years from the date of registration. This term can further be extended by 5 years on making a formal application for renewal.
Criteria for Registration of a Design
In order to obtain a design registration, the following criteria applies:
- The Design must be new/ original, i.e. it should not be made public before the date of application;
- The Design should be applied to an article and must relate to features of shape, configuration, pattern or ornamentation applied or applicable to the article;
- The Design should not include any trademark or property mark or artistic works; and
- The Design should be significantly distinguishable from a known design or a combination of known designs.
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References
1. Lord Reid in Amp. vs Utilux [1972] RPC 103 at pp.107-108 quoted in Ferrero’s Design Application [1978] RPC 473 at pp. 476-477, 482.