A product’s design is its overall appearance. Forming the design of a product are its shape, configuration, pattern, and ornamentation. There is no mention of how the product feels, what it is made of, or how it functions.

Under the Designs Act 2000, designs are considered intellectual property and may be published or registered in India.

It is necessary for a design to be new and distinctive in order to be registered. The term ‘new’ refers to the fact that the design has not been publicly used in India nor has it been published in a document within or outside the country.

The Benefits of Registration

A registered design can be an important commercial asset. In your capacity as the registered owner, you are responsible for:

It is likely that many registered design owners will not require additional protection beyond registration. Registration is the first step for those who wish to enforce the protection of their designs, that is, to sue for infringement.

Term of Protection

The term of protection for designs is 10 years from the date of registration. Upon expiration of the initial 10 years of protection, the protection may be extended by another five years. After this period of time has passed, the design becomes part of the public domain and may be used by anyone without restriction.

January 2023
Delhi High Court sets aside registration of ‘Swiss Military’ trademark by private company
The Delhi High Court has set aside the registration of ‘Swiss Military’ and the logo by a private company called Promoshirts SM. The HC has held that a red cross with white background and the words ‘Swiss Military’ serve as a source identifier for the goods of Swiss Origin for the public.
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January 2023
Return of iconic Yezdi motorcycle hits legal hurdle, Karnataka HC cancels trademark acquisition by heir of original maker
The return of ‘Yezdi’, an iconic Indian motorcycle from the 1970s, has suffered a legal setback with the Karnataka High Court ruling as illegal the acquisition of the ‘Yezdi’ trademark by a member of the family of the original owners — Ideal Jawa (India) Pvt Ltd — which went into liquidation two decades ago.
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December 2022
India to seek IPR waiver for green energy tech at G20
India is planning to push for a waiver of intellectual property rights (IPR) for technologies related to green energy and energy transition in a bid to bridge the technology gap across G20 countries, two officials aware of the matter said. India took over presidency of the grouping earlier this month.
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News & Events


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