A design refers to the features of shape, configuration, pattern, ornamentation, or composition of lines or colors applied to any article, whether in two or three-dimensional (or both) forms. This may be applied by any industrial process or means separately or by a combined process, which in the finished article appeals to and judged solely by the eye. The design does not include any mode or principle of construction or anything which is a merely mechanical device.
Upon registration of a design, the registered proprietor has the exclusive right to apply a design to the article. He can sue for infringement if his design is copied by any person. He can license or sell his design as legal property for consideration or royalty. Registration initially confers this right for ten years from the date of registration. It is renewable for a further period of five years. If the fee for a renewal is not paid within the period of initial registration, then the registration will cease. There is provision for the restoration of a lapsed design if the application for restoration is filed within one year from the date of cessation in the prescribed manner.
Exclusions from the scope of Design Registration
- Designs that are primarily literary or artistic in nature
- Books, jackets, calendars, certificates, forms and other documents, dressmaking patterns, greeting cards, leaflets, maps and plan cards, postcards, stamps, medals.
- Labels, tokens, cards, cartoons.
- Any principle or mode of construction of an article.
- Mere mechanical device.
- Buildings and structures.
- Parts of articles not manufactured and sold separately.
- Variations commonly used in the trade.
- Mere workshop alterations of components of an assembly.
- A mere change in the size of the article.
- Flags, emblems or signs of any country.
- Layout designs of integrated circuits.