Design Portfolio

Design law is crucial for protecting the aesthetic integrity of industrial and artisanal products. The object of the Designs Act, 2000 is to protect new or original designs created to be applied to particular articles to be manufactured by an industrial process or means. The primary purpose of design registration is to ensure that the artisan, creator, or originator of a design with aesthetic appeal is not deprived of their rightful reward by others who might apply the design to their own goods.

As per the Designs Act, 2000, “Design” refers to the features of shape, configuration, pattern, ornament or composition of lines or colors or any combination thereof applied to any article, whether in two-dimensional or three-dimensional form or in both forms. These designs are created by any industrial process or means, whether manual, mechanical or chemical, separate or a combination thereof. These designs must appeal to and are judged solely by the eye. However, any mode or principle of construction, or anything which is in substance a mere mechanical device, or any trademark or any property mark or any artistic work defined under the Copyright Act, 1957, does not fall under the purview of the Design Act. Essentially, design law fosters an environment that encourages creativity and the preservation and veneration of artistic expression through visual language.

Design registration provides a legal shield against competitors who may attempt to replicate the visual appearance of a product. By obtaining design rights, one gains exclusive control over the commercial use of the design. We at Khurana and Khurana understand the importance of this exclusive right in a business, and help strategize,  implement and uphold design registration and management, to best suit the needs of our clients. This ensures that our clients’ designs are protected, enhancing their ability to capitalize on the distinctive product in the competitive business environment.

Essential Requirements for Design Registration

As per the Design Act, 2000, the essential requirements for the registration of design are as under:

• The design should be new or original, originating from the author of such design and should not be previously published or used in any country before the date of application for registration.
• The design should relate to features of shape, configuration, pattern or ornament, composition of lines or colours, applied to an article, whether in two-dimensional or three-dimensional or in both forms.
• The design should be applied by any industrial process, whether manual, mechanical or chemical or a combination thereof.
• The features of the designs in the finished article should appeal to and are judged solely by the eye.
• The design should not include any mode or principle of construction or anything which in substance is a mere mechanical device
• The design should not include any trade mark or property mark or artistic works defined under the Copyright Act.
• The design should not be prejudicial to public order or morality.
• The design should not be prejudicial to the security of India.

Type of Applications

a) Ordinary application – An ordinary application does not claim priority and is directly in the country where protection is sought.

b) Reciprocity application – A reciprocity application claims priority of an application filed previously in a convention country. Such an application shall be filed in India within six months from the date of filing in the convention country. This period of six months is not extendable.

Filing Requirements

The Designs Act and Rules provide for filing of a Design Application in any of the four Patent Offices i.e. Patent Office Delhi, Mumbai, Chennai or Kolkata. However, the prosecution of a Design Application is done only at Patent Office, Kolkata.

To file applications for the registration of a design in India, the following procedure must be followed:”
a) An Application for registration of design shall be filed in Form 1 along with the prescribed fees, stating the name & full address and nationality of the applicant and an address for service in India. If the Applicant is not a natural person, the legal status and the place of incorporation shall be required.

b) Name of the article to which the design is applied.

c) Class & Sub Class of the article embodying the design .according to the Locarno Classification.

d) Representations of the design illustrating the exact representation of the article for which registration is sought. The representations shall be exactly similar drawings, photographs tracings including computer graphics or specimens of the design. When the colour combination is the essence of a design as applied to an article, the same shall be clearly depicted in the representation Two copies of the representation of the design shall be submitted.

e) If the design is to be registered in more than one class, a separate application shall be filed for each class.

f) A statement of novelty and disclaimer (if any) in respect of mechanical action, trademark, word, letter, numerals should be endorsed on each representation sheet and should be duly signed and dated.

g) Power of Attorney if the application is filed through a patent agent

h) Priority document in case of a reciprocity application

After examination of the application, the Design Office at Kolkata may raise objections a. Once these objections are addressed, a registration certificate shall be issued by the Design Office. The duration of a design registration is ten years from the date of registration. However in case priority has been allowed, the duration shall be ten years from the priority date. This initial period of registration may be extended by a further period of 5 years through an application filed via Form-3 along with the prescribed fees, before the expiry of the said initial period of Copyright.