Prevent copycats and damage to your goodwill and reputation by obtaining Design Registration. A Design Registration protects the visual and ornamental features of any article or product i.e. features of its shape, configuration, pattern, ornamentation or composition of lines or colours applied to any article, (whether two or three dimensional), where the finished product appeals to and is judged solely by the eye. Any mechanical device or any principle of construction cannot be covered by the Design Registration.
By new and original means that it should not be published by anyone either in India or abroad. Even if the design is published by the Applicant prior to filing the Design application, it shall invalidate the design.
Design Registration can be filed in respect of apparel designs, chairs, baskets, toys, phones, engineering equipment, water jugs, casseroles, etc., provided they are non-functional and are new and original.
Design Registration is comparatively easier to obtain than other IP rights as they are less technical. Once registered, the owner shall have copyright in the design for a period of 15 years and it can be cancelled only on limited grounds viz.
-The Design is not new or original
-That it was published previously in India or abroad
-That it has been previously registered
-That it is not a design as per the definition
-That the design is not registrable under the act.
Design protection lasts only for 15 years and thereafter it falls in the public domain and can be used by any person.