procedure for obtaining design protection in ipr

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Procedure for Obtaining Design Protection – Detailed Analysis

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1. Introduction

Design protection gives the creator exclusive rights over the aesthetic appearance of an industrial product.

• In India, this protection is provided under the Designs Act, 2000.
• Procedure ensures legally valid registration, prevents infringement, and protects the designer’s commercial and creative interests.

Simply put: Registration makes your design legally recognized and enforceable.

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2. Steps for Obtaining Design Protection

The procedure can be divided into five main steps:

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Step 1: Application for Registration (Section 6)

• File an application to the Controller of Designs.
• Requirements:
  1. Applicant Details: Name, address, nationality.
  2. Representation of Design: Drawings, photographs, or technical sketches showing the design clearly.
  3. Title of Design: Short descriptive name.
  4. Article Description: The product to which the design is applied.
  5. Statement of Novelty: Declaration that the design is new.
  6. Priority Claim (if applicable): For designs filed abroad within 6 months, claim priority under Paris Convention.
• Fee: Paid as per the Design Rules, 2001.

Note: Only original, novel, and industrially applicable designs can be registered.

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Step 2: Examination of Application

• Controller of Designs examines:

  1. Novelty / Originality: Whether design is new and not published or used before.
  2. Aesthetic Appeal: Judged by the eye.
  3. Industrial Applicability: Must be applied to reproducible article.
  4. Exclusions: Functional, immoral, or already existing designs.

• If defects are found, the applicant is informed to make corrections.

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Step 3: Publication of Application

• Approved design applications are published in the Official Journal of Designs.
• Purpose: Public notice to prevent duplication or infringement.
• Opposition Period:
  • Any person can file opposition within 3 months of publication if they believe the design is not new or not registrable.

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Step 4: Grant of Registration (Certificate of Design)

• After examination and clearance of opposition:
  • The Controller grants registration.
  • Certificate of registration issued to the applicant.
  • The design enters the Register of Designs (public record).

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Step 5: Duration and Renewal

• Initial Duration: 10 years from the date of registration.
• Extension: Additional 5 years can be granted (total 15 years).
• Protection is exclusive, i.e., others cannot manufacture, sell, import, or use the design without permission.

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3. Rights Conferred by Registration

1. Exclusive Right: Make, sell, import, or use the article with the design.
2. Assign or License: Owner can transfer rights or license others.
3. Legal Remedy: Section 22 allows action against piracy or infringement.

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4. Requirements Summary

Step	Requirement / Action
Application	Submit drawings, description, title, novelty statement, fee
Examination	Check novelty, originality, aesthetic appeal, industrial applicability
Publication	Official Journal publication; public notice; opposition period
Registration	Grant certificate, enter register
Duration	10 years + 5-year extension; exclusive rights to owner

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5. Case Law Examples Related to Procedure

1. Bharat Glass Tube Ltd v. Gopal Glass Works Ltd (2008)
   • Highlighted the importance of novelty check during examination.
2. TTK Prestige Ltd v. Gupta Light House (2023)
   • Confirmed that aesthetic appeal is primary; minor functional aspects do not prevent registration.
3. Whirlpool India Ltd v. Videocon Industries Ltd (2014)
   • Demonstrates enforcement rights post-registration; minor copying is still infringement.

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6. Exam Tip

• For LLB exams, structure your answer like this:

  1. Introduction (2–3 lines)
  2. Stepwise Procedure (bullet/table format)
  3. Rights conferred
  4. Duration of protection
  5. Relevant case laws
  6. Short conclusion

• Use tables for steps & requirements → easy marks.

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7. Conclusion

Registration under the Designs Act, 2000 is essential for protecting the visual identity of industrial products. Following the procedure correctly ensures legal recognition, exclusive rights, and remedies against piracy, encouraging designers to innovate confidently.

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