Design means only the features of shape, configuration, pattern or ornament or composition of lines or colour or combination thereof applied to any article whether two dimensional or three dimensional or in both forms, by any industrial process or means, whether manual, mechanical or chemical, separate or combined, which in the finished article appeal to and are judged solely by the eye but does not include any mode or principle of construction or any thing.which is in substance a mere mechanical device and does not include any Trade Mark as defined in Section 2 of the Trade and Merchandise Marks Act, 1958, or property mark or artistic works as defined under Section 2(c) of the Copyright Act, 1957.
Designs are protected by two legal rights:
- Registered Designs
- Artistic Copyright
Application for registration
Design registration in India gives the owner a monopoly on his or her product, i.e. the right for a limited period to stop others from making, using or selling the product without their permission and is additional to any Copyright protection that may exist automatically in the design.
Design Registration Requirements:
- A Power of Attorney signed by the applicant in whose name the application will be filed
- Information regarding Applicant, including full name and address, type of legal entity (i.e., a company, partnership, corporation, or individual), state of incorporation or country of citizenship
- If the application is based on a priority application, information regarding that priority application namely country, application number and filing date.