Design registration is a type of intellectual property protection under which a newly created design applied to an article created under an industrial process can be protected from counterfeiting. Design registration provides the creator exclusive rights to use the design for ten years, which can be further extended for five years.
A shape, configuration, pattern or ornament, or composition of lines and colors or combination applied to any article can be registered under the Design Act, 2000. But for a design to get registered, it must satisfy the following conditions:
- It should be new and original.
- The design should relate to shape, configuration, pattern, or ornament applied to an article.
- The design must be applied to any article by an industrial process.
- The design must be visible and should appear in the article.
- Under the Design Act, the owner of a registered design can seek legal remedy in case of infringement.
The registration and protection of industrial designs in India is administered by the Designs Act, 2000 and corresponding Designs Rules, 2001 which came into force on 11th May 2001 repealing the earlier Act of 1911.The Design Rules, 2001 was further amended by Designs (Amendment) Rules 2008 and Designs (Amendment) Rules 2014
BENIEFTS
1. It gives legal rights for your design and restricts other to copy, reproduce, sell products identical to your design
2. Design registration certificate is valid for a 10 years. After the expiry, validity can be further extended up to 5 years.
3. Registered design gives you the unique character and appearance
4. It gives you the globally unique design assurance