India’s fashion and jewellery industries have always been celebrated globally for their artistry, craftsmanship, and cultural richness. The intricate weaves of Banarasi sarees, the elaborate zari embroidery from Lucknow, and the gemstone artistry of Jaipur represent not only aesthetic brilliance but also centuries of tradition. Yet, these industries face a persistent and damaging challenge: piracy and counterfeiting.
Design imitation has become increasingly common, with markets flooded with lookalike garments and ornaments. While larger companies may absorb such losses, small and medium-sized enterprises (SMEs) and startups are disproportionately affected. Their survival often depends on the uniqueness of their creations, and once those creations are copied, they lose their competitive edge.
In this context, the intellectual property framework offers tools for safeguarding creativity. Most businesses instinctively focus on trademarks to protect brand names or on copyright to protect artistic works. However, one of the most effective but underutilized legal mechanisms in India is design protection under the Designs Act, 2000. This statute allows businesses to protect the aesthetic features of their products, ensuring that originality receives enforceable legal recognition.
The Legal Framework of the Designs Act, 2000
The Designs Act, 2000, is the primary legislation governing the registration and enforcement of industrial designs in India. It provides a clear definition of what constitutes a design and sets out the procedure and rights associated with registration.
A design is defined under Section 2(d) as the features of shape, configuration, pattern, ornament, or composition of lines or colours applied to any article by an industrial process, whether manual, mechanical, or chemical. Importantly, design protection covers only the visual appeal or aesthetic aspects of a product and not its functional elements. For instance, the shape of a handbag, the motif on a piece of jewellery, or the embroidery pattern on a textile may qualify for protection, but the functional features that enable the product to perform its purpose are excluded.
The term of protection is initially ten years, which can be extended by an additional five years, giving a maximum of fifteen years of exclusivity. The process for registration is faster and more cost-effective than patents, making it particularly suitable for industries like fashion and jewellery where design turnover is high and trends change rapidly.
In practical terms, the scope of protection is wide enough to cover industries where aesthetic value drives consumer choice. In fashion, design registration can protect fabric prints, embroidery, garment silhouettes, and even footwear shapes. In jewellery, it can safeguard ornamental motifs, the arrangement of gemstones, and distinctive designs in necklaces, bracelets, or earrings.
This blog is a part of our The Ultimate Guide to Intellectual Property Law – ATB Legal Blogpost.
The Importance of Design Protection for Startups and SMEs
For startups and SMEs operating on limited budgets, design protection offers several distinct advantages. It provides a relatively inexpensive form of intellectual property compared to patents and ensures that the exclusivity of visual designs is preserved. Filing fees are modest, and the legal process is relatively straightforward, making it accessible even to young companies.
Market exclusivity is another major advantage. Once a design is registered, competitors are legally restrained from copying or imitating it. This gives the designer control over the uniqueness of the product, which can be critical in fashion and jewellery, where consumer preference is often shaped by aesthetics.
From a commercial perspective, design registration also enhances credibility in international markets. Exporters frequently find that registered designs serve as proof of authenticity and originality, which increases trust among international buyers.
Finally, design rights add value to the intellectual property portfolio of a company. Investors often look at a company’s IP assets to evaluate long-term sustainability. Startups with registered designs can demonstrate that their products are protected, which reassures potential investors and can positively influence valuations.
Key Judicial Developments
Indian courts have clarified the contours of design protection through several landmark judgments.
In Microfibres Inc. v. Girdhar & Co. (2009), the Delhi High Court addressed the issue of overlap between design and copyright. The court held that once a design is registered under the Designs Act, copyright protection ceases to apply to that work. This ensures that rights are not duplicated but also underscores the importance of timely design registration.
In Bharat Glass Tube Ltd. v. Gopal Glass Works Ltd. (2008), the Supreme Court emphasized that design infringement must be judged on the basis of overall visual impression rather than minor technical differences. This ruling is significant for fashion and jewellery because it acknowledges that imitation often occurs through small variations that still mislead consumers. By adopting the overall impression test, the court strengthened the enforceability of design rights in industries where aesthetics is paramount.
The International Dimension
Fashion and jewellery are inherently global industries. A designer in Delhi may sell garments in Dubai, Paris, or New York. Consequently, design protection must extend beyond domestic borders.
The European Union, which is home to fashion capitals like Paris and Milan, provides strong design protection, including both registered and unregistered design rights. Designers there routinely rely on these protections to combat knockoffs and sustain exclusivity in highly competitive markets.
Indian creators can seek protection in over ninety countries using a single application. This international mechanism significantly reduces the complexity and cost of protecting designs globally, opening new opportunities for Indian startups aiming to expand exports.
Challenges Facing Design Protection in India
Despite its benefits, design protection remains underutilized in India, particularly within the fashion and jewellery industries.
One of the primary challenges is lack of awareness. Many SMEs are unaware that their patterns, motifs, or shapes qualify for design protection. Consequently, they either leave their designs unregistered or rely solely on trademarks and copyrights.
Another challenge is weak enforcement. While courts have shown a willingness to protect design rights, practical enforcement in unorganized markets remains limited. Pirated designs often proliferate in local bazaars, where legal remedies are difficult to implement.
Proving infringement also presents difficulties. The substantial similarity test, while useful, is inherently subjective. What one judge considers a clear imitation may not be viewed the same way by another. This subjectivity creates uncertainty for designers contemplating legal action.
Finally, cultural factors also play a role. In industries such as handloom textiles and traditional jewelry, designs are often seen as part of collective cultural heritage rather than individual property. This perception discourages formal registration and leaves many designs vulnerable to exploitation.
Practical Steps for Designers and Startups
Startups and SMEs can maximize the value of design protection by adopting a proactive intellectual property strategy. Filing should be done at an early stage, ideally before designs are launched publicly. This prevents competitors from copying and filing first. Maintaining detailed records such as sketches, prototypes, and dated drafts is also essential for establishing originality in case of disputes.
Adopting a bundle protection strategy is highly effective. For example, a fashion company may register its brand name and logo as trademarks while simultaneously protecting garment patterns under design law. Similarly, a jewelry startup may combine trademark protection for its name with design registration for its ornaments, creating a comprehensive shield against piracy.
Businesses with export ambitions should consider using the Hague System to secure protection in multiple jurisdictions. This is particularly important for designers seeking to build global brands, as it minimizes the risk of foreign knockoffs.
Design Protection as the Key to India’s Creative Economy
India’s fashion and jewelry industries are at a critical juncture. As the global demand for Indian artistry grows and as e-commerce expands access to international markets, protecting originality is becoming increasingly important. Design protection under the Designs Act, 2000, offers a cost-effective, enforceable, and internationally recognized method of safeguarding creativity.
For startups and SMEs, which are particularly vulnerable to piracy, design registration is not merely a legal safeguard but also a business necessity. It ensures exclusivity, enhances credibility with international buyers, strengthens investor confidence, and adds commercial value. At a broader level, it also protects India’s cultural heritage and encourages innovation in sectors that are central to the country’s creative economy.
By actively promoting design registration and ensuring stronger enforcement, India can empower its artisans, support its startups, and position itself as a global leader in design-driven industries.
