INDICAM along with the Indian Intellectual property (IP) law firm, K&S Partners and the Italian IP law firm, STUDIO TORTA S.P.A. organized a webinar on June 3, 2021, titled as: ‘Design by Design’
Mr. Anupam Trivedi and Mr. Anand Choubey, both partners in the Engineering patent practice at K&S Partners, shared their insights on the Indian Designs Law. Key highlights of the discussion are as under:
Legal Framework for Design protection in India
In India, protection of industrial Designs is governed by the Designs Act, 2000 (“the Act”) and the Designs Rules, 2001 (as amended 2021). Thus, Design protection is a statutory right which requires registration as a prerequisite for obtaining enforceable rights within India. Like all other IP rights, Design rights are territorial.
Section 146(2) of the Act requires all patentees and licensees to submit an annual “working” statement to the Indian Patent Office (IPO) regarding the working of their patents in a given financial year. This requirement is known as the “working statement obligation”. The Patents (Amendment) Rules 2020 (the 2020 Rules) made certain changes to the working statement form (form 27), to simplify the required information and online submission thereof.