Design rights protect the ornamental features of shape, configuration, pattern or composition of lines or colours (in two-dimensions, three-dimensions or both), applied to an article which appeals to and is judged solely by the eye. Design is applied to an article (artificial or partly artificial and partly natural) and includes any part of an article capable of being made and sold separately. It excludes any mode or principle of construction or anything which is in substance a mere mechanical device, any trademark, property mark or artistic work.

A registered design is protected for an initial term of 10 years from the date of filing or the priority date and is extendable for another 5 years. Design rights, like patents, are territorial in nature.

Design rights are a crucial weapon in the arsenal of a startup to ensure that the unique design of its product is not imitated by its competitors.

A unique and innovative design is in itself a competitive advantage in the current market. Customers are attracted to visually appealing and aesthetic designs and such designs can themselves acquire a brand value which increases the marketability of the product. Designs such as the Coca-Cola bottle, Pringles chips, and the iPhone have become iconic in and of themselves. Competitors, therefore, have the temptation to imitate such designs to free ride off the goodwill engendered by such iconic designs.

Protects a new/original design applied to any article.

Prevents wrongful imitation/commercial exploitation of a registered design.

Rewards the proprietor of the registered design by enabling commercial exploitation of the design as well as by assignment and licensing of the rights therein.

A design which –

Is not new or original; or

Has been disclosed to the public anywhere in India or in any other country by publication in tangible form or by use or in any other way prior to the filing date, or where applicable, the priority date of the application for registration; or

Is not significantly distinguishable from known designs or combination of known designs; or

Comprises or contains scandalous or obscene matter.

Is prohibited from design registration under the Indian Law.

A design which –

Is not new or original; or

Has been disclosed to the public anywhere in India or in any other country by publication in tangible form or by use or in any other way prior to the filing date, or where applicable, the priority date of the application for registration; or

Is not significantly distinguishable from known designs or combination of known designs; or

Comprises or contains scandalous or obscene matter.

Is prohibited from design registration under the Indian Law.

Any person may apply for a design registration. “Person” includes:

Any Natural Person(s)

Other than a Natural Person – either alone or jointly with Natural Person(s)