Protect your industrial design.

In India, Design registration is covered under the Designs Act, 2000. In India, functionality is protected under Patents and not Industrial Designs which are meant to protect aesthetic appearance or external ornamental such as patterns, colour, lines, shape or surface of the article

Any person claiming to be the proprietor of any new or original design may apply for registration. A proprietor may be:

• an author of design,
• a person who has acquired the design,
• a person for whom the design has been developed by the author, or
• a person on whom the design has devolved.

A proprietor may be from India or from a Convention Country.

A design should:

• Be new or original registration
• Not been disclosed to the public anywhere by publication in tangible from or by use prior to the filling date, or where applicable, the priority date of the application for registration.
• Be much clear from known designs or combination of known designs.
• Not contain scandalous or obscene matter.
• Not be a mere mechanical contrivance.
• Be applied to an article and should appeal to the eye.
• Not be contrary to public order or morality.
• Not be prejudicial to the security of India

No. There is no provision for renewing the period of the Design registration once a period of 15 years is over.

Yes, the jurisdiction lies with High Court.

Two different forms have to be used in two different situations.

• When the registration number is known:

Request can be made by any individual in form 6 along with the fees and mentioning registration number of the design for which information is required.

• When the registration number is not known:

Request can be made by any individual in form 7 along with information in his/her possession. Based on such information, controller causes search to be made in class indicated therein as much as possible. Where Form 7 is accompanied by a specimen or representation of the design, such representation or specimen is to be furnished in duplicate.