Industrial Design Registration in India 
Industrial design registration in India is governed by the Designs Act, 2000, and the Design Rules, 2001. Industrial design registration grants exclusive rights to the owner over the aesthetic or ornamental aspects of an article. It is important for businesses and individuals who want to protect the visual appearance of their products. Here is a step-by-step guide on how to register an industrial design in India:
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Definition of Industrial Design
An industrial design refers to the shape, configuration, pattern, ornament, or composition of lines or colors applied to any article, whether in two-dimensional or three-dimensional form, that appeals to the eye.
The design must be new and original; and must not have been disclosed to the public before applying for registration.
2. Eligibility for Registration
Originality and novelty: The design must be original or new and should not have been disclosed to the public prior to the date of filing the application.
Aesthetic appearance: The design must relate to the appearance of the article and should not involve any functional or technical features.
Industrial application: The design should be applied or applicable to any article, and the article must be capable of being produced through an industrial process.
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Non-Eligible Designs
Designs that are primarily functional or mechanical in nature (rather than purely aesthetic).
Designs that include scandalous or obscene matter.
Designs that are not significantly distinguishable from known designs or combinations of known designs.
Designs that are contrary to public order or morality.
4. Rights Conferred by Registration
The owner of a registered design has the exclusive right to apply the design to the article for which it has been registered. The owner can take legal action against any person who uses or applies the registered design without consent. The registered design can be licensed or assigned to third parties.
5. Infringement of Design Rights
Infringement occurs if a third party uses the registered design without authorization. The registered design owner can file a suit for injunction and claim damages in a court of law. In India, design infringement suits are typically filed in District Courts or High Courts.
6. Cancellation of Registration
A registered design can be canceled if:
It was not new or original at the time of registration.
It has been published in India or elsewhere before the registration date.
It is not registrable under the Designs Act.
It is not a design as defined in the Designs Act.
A petition for cancellation can be filed by any interested party with the Controller of Designs.
7. International Protection
For businesses seeking international protection for their designs, India is a member of the Paris Convention and the WIPO Hague System. This allows design applicants to claim priority and apply for registration in other countries where they want to protect their design.
8. Advantages of Registering a Design
Exclusive rights: The design owner has the exclusive right to use, sell, and license the design.
Legal protection: Registration helps in taking legal action against infringers.
Market advantage: A registered design helps differentiate products and build brand identity.
Conclusion
Registering an industrial design in India helps secure the rights to the visual features of a product, ensuring that competitors cannot copy its appearance. It is essential for businesses that rely on the aesthetic appeal of their products to gain a competitive edge.
Links – www.swarupaghosh.com; IPINDIA, WIPO