What Is Registered Design?

Registered design is a shape, configuration, pattern or ornament or composition of lines or colour or combination thereof applied to any article whether two dimensional or three dimensional protected under the Designs Act, 2000. Design registration is similar to copyright registration, patent or trademark registration and a type of intellectual property registration - which protects creations of the mind. In this article, we review the basics of registered design in India.

Registered Design

As per the Designs Act, 2000, a ‘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 any thing which is in substance a mere mechanical device, and does not include any trade mark or copyright. A design registration in India under the Designs Act, 2000 is referred to as a registered design.

Designs that can be Registered

For a design to be registered under the Designs Act, it must satisfy the following six conditions:

The design should be new or original, not 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 ornamentation applied or applicable to an article. Thus, designs of industrial plans, layouts and installations are not registrable under the Act.
The design should be applied or applicable to any article by any industrial process. Normally, designs of artistic nature like painting, sculptures and the like which are not produced in bulk by any industrial process are excluded from registration under the Act.
The features of the design in the finished article should appeal to and are judged solely by the eye. This implies that the design must appear and should be visible on the finished article, for which it is meant. Thus, any design in the inside arrangement of a box, money purse or almirah may not be considered for showing such articles in the open state, as those articles are generally put in the market in the closed state.
Any mode or principle of construction or operation or any thing which is in substance a mere mechanical device, would not be registrable design.
The design should not include any Trademark or Copyright.

Examples of Registered Designs

A wide variety of items can be registered under the Designs Act in India. Items ranging from cutlery to dress can be registered as a design in India provided its original and not be a mere mechanical contraption.

Design Registration Example 1

Design Registration Example 2

Items that Cannot be Registered as a Design

The following items cannot be registered as a design:

Books, jackets, calendars, certificates, forms-and other documents, dressmaking patterns, greeting cards, leaflets, maps and plan cards, postcards, stamps, medals.
Labels, tokens, cards, cartoons. any principle or mode of construction of an article.
Mere mechanical contrivance.
Buildings and structures.
Parts of articles not manufactured and sold separately.
Variations commonly used in the trade.
Mere workshop alterations of components of an assembly.
Mere change in size of article.
Flags, emblems or signs of any country.
Layout designs of integrated circuits.

Benefits of Design Registration

All documents pertaining to a registered design are maintained by the Patent Office to put competitors on notice about registration of a design. A registered design provides the creator, exclusive rights over use of the design for a period of ten years, that can be further extended for a period of five years. In case of infringement or piracy of a registered design, the owner of the registered design can seek legal remedy under the Designs Act. Anyone found contravening to the copyright in a design, is liable for every offence to pay a sum not exceeding Rs. 25,000/- to the registered proprietor subject to a maximum of Rs. 50,000/- recoverable as contract debt in respect of any one design. Thus, registering a design provides legal remedy against infringement.

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Frequently Asked Questions

Common questions about Registered Design Protection in India.

A registered design is a shape, configuration, pattern, ornament, or composition of lines or colors applied to an article, whether two-dimensional or three-dimensional, protected under the Designs Act, 2000. It is a form of intellectual property registration that safeguards the creator's artistic or design work.

For a design to be registered under the Designs Act, it must be new or original, not previously published or used in any country before the application date. It should relate to the features of shape, configuration, pattern, or ornamentation applied to an article by an industrial process. The design must appeal to and be judged solely by the eye and should not include any trademark or copyright.

No, not all designs can be registered under the Designs Act. Designs that are mere mechanical contrivances, principles or modes of construction, buildings or structures, or variations commonly used in the trade cannot be registered as designs.

Registering a design provides the creator with exclusive rights over the use of the design for a period of 10 years, which can be extended for another 5 years. It also allows legal remedy against infringement or piracy of the registered design under the Designs Act.

A registered design is valid for an initial period of 10 years from the date of registration. However, the registration can be extended for an additional 5 years after the initial 10-year period.

No, a design cannot be registered indefinitely. The maximum period for which a design can be registered is 15 years, including the initial 10-year period and an additional 5-year extension.

In case of infringement or piracy of a registered design, the owner can seek legal remedy under the Designs Act. The offender may be liable to pay a sum not exceeding Rs. 25,000/- to the registered proprietor, subject to a maximum of Rs. 50,000/- recoverable as a contract debt in respect of any one design.

A wide variety of items ranging from cutlery to dresses can be registered as a design in India, provided they are original and not mere mechanical contraptions.

While it is not mandatory to register a design, registration provides legal protection and exclusive rights over the use of the design. Without registration, it may be challenging to prevent others from copying or using the design.

Yes, a design can be registered in multiple countries. However, the registration process and requirements may vary from country to country, and separate applications may need to be filed in each jurisdiction.