Industrial Designs-India FAQs
- What does the Designs Act 2000 protect?
The Designs Act 2000 protects the aesthetic and visual features of an article — shape, configuration, pattern, ornamentation, and composition of lines or colours applied in two or three dimensions. It covers features that appeal to the eye, not technical function. Features dictated solely by technical function are excluded and may instead qualify for patent protection under the Patents Act 1970.
- What are the requirements for a design to be registrable in India?
A design must be new or original — not previously published or disclosed in India. It must be applied to a specific article and must not be purely functional, contrary to public order, or offensive. ATB Legal conducts a novelty search before filing to assess registrability and identify any conflicting prior registrations on the Designs Register.
- How long does design protection last in India?
A registered design is protected for 10 years from the date of registration. The proprietor may apply for a single extension of 5 years on payment of the prescribed renewal fee — giving a maximum total protection period of 15 years. After the maximum term expires, the design enters the public domain. ATB Legal manages renewal deadlines and portfolio maintenance to ensure no registered design lapses inadvertently.
- How does design protection differ from patent and trademark protection?
Patents protect the technical function of an invention — how something works. Trademarks protect brand identifiers such as names and logos. Design protection under the Designs Act 2000 protects the visual appearance of a product — how it looks. For many manufactured articles, all three forms of protection may be relevant: a patent for the functional mechanism, a design registration for the product’s visual form, and a trademark for the brand applied to it.
- Can a registered design be cancelled?
Yes. Any person may petition the CGPDTM to cancel a registered design on grounds including prior publication, lack of novelty, or non-compliance with the Designs Act 2000. ATB Legal represents clients both in filing cancellation petitions against conflicting registrations and in defending registered designs against cancellation challenges.
- Can Indian design registrations be extended internationally?
Yes. India is a member of the Hague Agreement for international design registration, allowing applicants to designate India through a single international filing, although in practice many applicants still prefer direct national filings depending on strategy. for the International Registration of Industrial Designs, administered by WIPO. An international design application through the Hague System can designate India and multiple other member countries in a single filing. ATB Legal advises on Hague System filings as part of coordinated international design portfolio strategies across India, the UAE, the GCC, and Europe.