Definition of a Design

As per Section 2(d) of the Designs Act 2001, a design is characterized as the distinctive features encompassing shape, pattern, configuration, composition or ornamentation formed by lines or colors. This can be applied to any article, whether two-dimensional, three-dimensional or a combination of both. The application can be achieved through various means, including industrial processes, whether mechanical, manual or chemical, used separately or in combination. However, the defining factor of a design is its visual appeal when viewed in the final product, solely judged by the eye. It's essential to note that the design does not consider the underlying construction principle or anything that is essentially a mere mechanical contraption.

Basic Requirements of Design Registration

To register and safeguard a design under the Design Act, 2000, the following core criteria must be met:

• Innovation Element: The design should possess a fresh and unique aspect. Only designs with this innovative trait are eligible for registration. Furthermore, combinations of existing designs can be considered, but only if the result presents a distinct visual appeal.
• Originality and Non-disclosur:The design must be one-of-a-kind and not previously exposed to the public, either within India or internationally. This means it shouldn't have been previously published, used or disclosed in any manner.
• Application to an Object: The design must be attached or applicable to a specific product or object. A standalone design, without relevance to an item, cannot be registered.
• Alignment with Public Values and National Security: The design should not be in conflict with public morals, sentiments or the security of India. Designs deemed inappropriate by the government or other authoritative bodies won't qualify for registration. It's essential that the design can be registered under section 5 of the Design Act, 2000.
  
  It's important to ensure these criteria are met when seeking registration under the English language provisions of the Design Act, 2000.

Procedure for Design Registration in India

The procedure to register a Design in India is explained in detail below:

Design Search

Start by conducting a comprehensive search of existing designs to confirm the novelty and uniqueness of your design. This helps in evading possible infringement complications.

Application Preparation and Filing

The application for design registration will be drafted and filed, incorporating all requisite documents as mentioned above.

Application Examination

Post-submission, the Indian Design Office will scrutinize your application, ensuring it adheres to all mandatory stipulations.

Official Gazette Publication

Upon acceptance of your application, the design is published in the official gazette. This publication offers the general public an opportunity to voice any objections concerning the proposed design registration.

Registration Approval

If no objections arise or if raised objections are successfully addressed, the Indian Design Office will bestow the design registration. A certificate confirming the registration will be provided, holding validity for a decade.

Registration Renewal

Following the initial tenure of 10 years, the design registration can be extended for an additional five years.

TrueandTrade expert will guide you through the renewal procedure, ensuring the sustained validity of your design registration.

Who can Apply for Design Registration?

The following type of Persons can apply for Design Registration:

• Applicants: Individuals, their legal representatives or assignees can apply either individually or jointly for design registration.
• Definition of Person:The term "person" encompasses a variety of entities, including firms, partnerships, small entities, and corporate bodies.
• Non-Resident Indians (NRIs): For NRIs, the application for Design Registration should be made through their agent or legal representative.

All provisions should be understood and complied with as per the English language stipulations for the Design Registration process.