Design

What is Meant by Design?

In legal and industrial terms, “design” refers to the unique features of shape, configuration, pattern, ornamentation, or composition of lines or colors applied to an article. These features, whether in two-dimensional or three-dimensional form, are crafted through various industrial processes—manual, mechanical, chemical, or a combination of these—and are judged solely by their visual appeal.

The definition of “design” excludes:

• Functional or structural elements, principles of construction, or mere mechanical devices.
• Trademarks as defined under the Trade and Merchandise Marks Act, 1958.
• Property marks under Section 479 of the Indian Penal Code.
• Artistic works as defined in the Copyright Act, 1957.

What Can Be Registered as a Design?

For a design to qualify for registration under the Designs Act, it must meet specific criteria:

1. New or Original: The design must not have been used or published anywhere before the application.
2. Public Disclosure: Any design disclosed in tangible form, public use, or otherwise before the filing date is not registrable.
3. Significant Distinction: It must differ significantly from known designs or their combinations.
4. Free from Obscenity or Scandal: Designs containing scandalous or obscene matter are not eligible.

New Category of Applicants: Small Entity

The Design Rules, 2001, amended in 2014, introduced a new category of applicants called Small Entities. This classification applies to enterprises based on their investment in:

1. Manufacture or Production of Goods:
   • Micro Enterprise: Investment in plant and machinery up to ₹25 lakhs.
   • Small Enterprise: Investment between ₹25 lakhs and ₹5 crores.
   • Medium Enterprise: Investment between ₹5 crores and ₹10 crores.
2. Providing Services:
   • Micro Enterprise: Investment in equipment up to ₹10 lakhs.
   • Small Enterprise: Investment between ₹10 lakhs and ₹2 crores.
   • Medium Enterprise: Investment between ₹2 crores and ₹5 crores.

Exclusions from investment calculations include costs of pollution control, research and development, and industrial safety devices.

Effects of a Registered Design

When a design is registered, it grants the proprietor exclusive copyright for a period of 10 years, starting from the registration date. This period can be extended for an additional 5 years upon application and payment of the prescribed fee.

The registered proprietor enjoys:

• Exclusive rights to use the design.
• The ability to prevent unauthorized use of the design for commercial purposes.

Legal Protection for Registered Designs

The Designs Act provides robust protection for registered designs during the copyright period. It prohibits any individual from:

• Applying the registered design or its imitation to articles for sale without authorization.
• Importing articles with the registered design applied, without the proprietor’s consent.
• Selling or exposing for sale such articles without proper authorization.

Remedies for Infringement

Violations of the registered design’s copyright may lead to legal consequences, including:

1. Compensation:
   • Payment of up to ₹25,000 for each infringement, recoverable as a contract debt.
   • In cases of multiple infringements, the total compensation shall not exceed ₹50,000.
2. Legal Action:
   • The proprietor may file a suit for damages and seek an injunction to prevent further infringements.

Why Register Your Design?

Registering your design not only ensures legal protection but also provides a competitive edge by safeguarding your unique creations from unauthorized use. Whether you’re an individual designer, a small enterprise, or a large corporation, securing your design rights is essential for long-term success in a competitive marketplace. Ready to register your Design? Seek professional guidance today to streamline the process and protect your innovative design effectively. Reach out to Lex India IP Solutions. We’re here to help you safeguard your innovation.