Design Registration

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. The last amendment in Designs Rules came in to force from 30th December, 2014, which incorporates a new category of applicant as small entity in addition to natural person and other than small entity.

The 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 order to establish a Quality Management System (QMS) in respect of design registration activities, the office of the CGPDTM has acquired ISO 9001:2008 certification for the Design application registration process. The accreditation was awarded by the BSI (British Standard Institution) on 13/04/2015. Currently the certificate is valid up to March, 2018 subject to yearly Continuous Assessment Visit (CAV) audits. The ISO 9001: 2008 certificate has been awarded for the scope of “Protection & maintenance of Industrial Design through registration relating to article of manufacture and any substance under the provisions of Designs Act, 2000.”

Frequently Asked Questions

What is ‘Design’?

‘Design’ means only the features of shape, configuration, pattern or ornament or composition of lines or colour or combination thereof applied to any article whether 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 or construction or anything which is in substance a mere mechanical device, and does not include any trade mark.

What is the object of registration of Designs?

Object of the Designs Act is to protect new or original designs so created to be applied or applicable to particular article to be manufactured by Industrial Process or means. Sometimes purchase of articles for use is influenced not only by their practical efficiency but also by their appearance. The important purpose of design Registration is to see that the artisan, creator, originator of a design having aesthetic look is not deprived of his bonafide reward by others applying it to their goods.

What is the duration of the registration of a design? Can it be extended?

The duration of the registration of a design is initially ten years from the date of registration, but in cases where claim to priority has been allowed the duration is ten years from the priority date. This initial period of registration may be extended by further period of 5 years.

Can the Registration of a Design be cancelled?

The registration of a design may be cancelled at any time after the registration of design on a petition for cancellation on the following grounds:

  • That the design has been previously registered in India or
  • That it has been published in India or elsewhere prior to date of registration or
  • The design is not new or original or
  • Design is not registrable.