Design is a very new form of IPR which has been recognised under the Designs Act, 2000. It is still in a nascent stage of development. Thus there are a lot of questions that arise out of its application. In this post we answer a few of the most Frequently Asked Questions on Designs.
1. What is a Design under Designs act 2000?
Design means only:
features of shape, configuration, pattern, ornament or composition of lines or colours applied to any article whether in 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
The definition excludes:
any mode or principle of construction or anything which is in substance a mere mechanical device, does not include any trade mark as defined in clause (v) of sub-section (1) of section 2 of the Trade and Merchandise Marks Act, 1958 or property mark as defined in section 479 of the Indian Penal Code or any artistic work as defined in clause (c) of section 2 of the Copyright Act, 1957
2. What is needed to register under the Designs Act, 2000?
- New and original
- Unpublished and private before registration
- not have any obscene or inappropriate content.
- Significantly distinguishable from other known designs
- An article capable of being made and sold separately
3. What is the term of protection?
The protection under the designs Act, 2000 is for 10 years from the date of registration of that particular design. Further, the protection can be extended for a period of 5 years but after the said period is over the design comes in the public domain.
4. What do you understand by copyright in a design?
Once the design is registered under the provisions of the act the registered proprietor will attain a copyright with respect to that registered design. “Copyright” here means exclusive right to use that registered design on an article.
5. What is piracy of a registered design?
Once the copyright in a design subsists then anyone who for sale or importation uses that design or imitates that design on an article without the written consent of the proprietor commits design piracy.
In this post we have answered some of the most frequently answered questions on Design under the Designs Act, 2000.