Design Rights: FAQs

Today the marketplace is crowded with products. It becomes a challenge to attract consumers even for products based on market leading technology. The brand, mark or logo plays an important role. But often it is the external appearance that may first catch the eye of a potential consumer. Good design often wins passionate brand loyalty as in the case of Apple’s iPhone.

Design savvy businesses integrate design fully into the product development process, so that aesthetic considerations are taken into account along with the engineering aspects of the new or improved product. They also protect the distinctive appearance of their products by registering the design. This is true of a very wide range of products, including high‐tech products, such as cars, washing machines, mobile phones, and so on. In a well-designed product, there is harmony between its functionality and its form, with both adding to its value.

A Design refers to the features of shape, configuration, pattern, ornamentation or composition of lines or colours applied to any article, whether in two or three dimensional forms. This may be applied by any industrial process or means (manual, mechanical or chemical) separately or by a combined process, which in the finished article appeals to and is judged solely by the eye. Design does not include any mode or principle of construction or anything which is mere mechanical device. It also does not include any trademark or any artistic work.

Industrial designs are relevant to a wide variety of products and industries including fashion and handicrafts, technical and medical instruments, watches, jewellery, and other luxury items; household products, toys, furniture and electrical appliances, cars and architectural structures; textile designs; sports equipment. Industrial design is also important in relation to packaging, containers and “get‐up” of products.

The industrial design owner has the following rights:

1. An industrial design provides its owner with the exclusive right to prevent unauthorized copying or imitation of the design by third parties.

2. This includes the right to exclude all others from making, offering, putting on the market, importing, exporting, using, selling, or stocking for such purposes by others of product in which the design is incorporated or to which it is applied.

3. The design owner can license or sell the design as legal property for consideration or royalty.

Registration initially confers this right for ten years from the date of filing. It is renewable for a further period of five years.

Design registration makes business sense when it improves the competitiveness of a business and brings in additional revenue in one or more of the following ways:

• By registering a design, you have a greater ability to prevent it from being copied and imitated by competitors and thereby strengthen your competitive position.

• The exclusivity provided by registration contributes to obtaining a fair return on investment in creating and marketing the relevant product, thereby improving your profits.

• Industrial designs are business assets that can increase the commercial value of a company and its products. The more successful a design, the higher its value to the company and its brands.

• A protected design may also be licensed (or sold) to others for a fee. By licensing it, you may be able to enter markets that you are otherwise unable to serve.

• Registration of industrial designs encourages fair competition and honest trade practices, promoting the production of a diverse range of aesthetically attractive products.

A design should:

1. be new and original;

2. not be disclosed to the public anywhere by publication in tangible form or by use or in any other way before the filing date, or where applicable, the priority date of the application for registration;

3. be significantly distinguishable from known designs or a combination of known designs;

4. not comprise or contain scandalous or obscene matter;

5. not be a mere mechanical contrivance;

6. be applied to an article and should appeal to the eye;

7. not be contrary to public order or morality.

Designs that are primarily literary or artistic in character are not protected under the Indian Designs Act.

These include:

1. books, jackets, calendars, certificates, forms and other documents, dressmaking patterns, greeting cards, leaflets, maps and plan cards, postcards, stamps, medals;

2. labels, tokens, cards, cartoons;

3. any principle or mode of construction of an article;

4. mere mechanical contrivance;

5. building and structures;

6. parts of any articles not manufactured and sold separately;

7. variations commonly used in trade;

8. mere workshop alterations of components of an assembly;

9. a mere change in the size of the article;

10. flags, emblems or signs of any country;

11. layout designs of integrated circuits.

Any person or the legal representative or the assignee (for example, the employer) can apply separately or jointly for the registration of a design. The term “person” includes firm, partnership, and a body corporate. An application may also be filed through an agent in which case a power of attorney is required to be filed.

Any interested person can file a petition to the Controller seeking the cancellation of a registered design at any time after the registration of the design. An application for cancellation is admissible on the following grounds:

1. the design has been previously registered in India;

2. it has been published in India or in any other country before the date of filing;

3. the design is not new or original;

4. the design is not registrable under the Designs Act;

5. it is not a design as defined under the Act

An application for registration of a design should ordinarily be accepted within six months from the date of application.

Designs are required to categorized in separate classes in order to provide for systematic registration. An International classification of Industrial Designs according to the Locarno Agreement has been introduced in the Design Rules 2001 & in Design (Amendment) Rules 2008. There are classes and most of the classes are further divided into sub-classes. The classification is based upon the function of goods i.e. they are mainly function oriented. In some specific cases, the function of the article is required to be mentioned along with the name of the article in the application form for the purpose of classification.

Normally, the name of the article should be such that is common/familiar in the trade or industries. The name of the article as mentioned in the application form should correspond with the representation of the article filed.

Example: If the article relates to 'chair' or 'sofa-cum-bed', the name should be provided accordingly and should be classified under Class 6 and sub-class 1 where it states “Beds and Seats” since it is classified in function/purpose oriented manner.

Registered designs are published in the Patent Office Journal, which is available on the Indian Patent Office website. You can also look up registered designs by number, class or proprietor using the online design search at search.ipindia.gov.in.

You need design registration because under Section 15(2) of the Indian Copyright Act, copyright protection for an original design ends as soon as the design is reproduced more than 50 times by an industrial process without being registered under the Designs Act, 2000.

Copyright and design registration protect different aspects of intellectual property.

Copyright safeguards original literary, artistic, musical, and creative works such as books, software, films, and paintings, granting the creator exclusive rights to reproduce, distribute, and display the work. It automatically applies upon the creation of the work and primarily protects the expression of ideas rather than the ideas themselves.

Design registration, on the other hand, specifically protects the visual design or aesthetics of a product—such as its shape, pattern, or ornamentation—that makes it unique and appealing. Unlike copyright, design registration requires a formal application process and grants exclusive rights to use and license the design for a limited period.

No, you do not need to register every colour or style variation of your design separately. When you register a design, it typically covers the overall visual appearance of the design as applied to the product, including its shape, configuration, pattern, or ornamentation. However, if the variations significantly alter the essential features or the overall visual impression of the design, separate registrations may be necessary to ensure full protection.

Minor modifications to a registered design may affect the scope of your protection.

Indian design law protects the visual features of a product as registered, and any significant alterations—even minor ones—could result in the design being considered different from the original registration, potentially voiding protection. Therefore, if you plan to modify a registered design, it is essential to consult with an IP expert to evaluate whether the changes impact the design’s distinctiveness and to consider filing a new design registration if necessary. This ensures continuous and robust protection of your intellectual property rights, aligned with the latest legal standards in India.

If you discover unauthorized copies or rip-offs of your designs, act quickly to protect your intellectual property.

Start by documenting the infringement with evidence such as screenshots, samples, or any other material showing the unauthorized use. Then consult an experienced IP lawyer to assess the situation and advise on the best course of action, which may include sending a formal cease-and-desist notice, filing an infringement suit, or seeking injunctions, damages, and removal of the infringing content.

Acting promptly can help prevent further harm to your brand and strengthen enforcement of your rights under Indian intellectual property law.

No, you generally cannot register those designs in India if you have already published them on social media or websites.

Under Section 4(b) of the Indian Designs Act, 2000, a design must be absolutely novel to qualify for registration. If the design is publicly disclosed anywhere in the world — including through your own online posts — before the filing date, its novelty is considered destroyed, and it becomes ineligible for protection.