Design Acts & Rules
The Designs Act, 2000
The Designs Rules, 2001
The Designs (Amendments) Rules, 2008
What is a Design?
Answer: A design refers to the visual features of an article—such as shape, pattern, or ornamentation applied through an industrial process, which appeal to and are judged solely by the eye, excluding functional or mechanical aspects.
Under the Designs Act, 2000 “design” means only the features of shape, configuration, pattern, ornament or composition of lines or colours applied to any article whether in 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 anything which is in substance a mere mechanical device, and does not include any trade mark as defined in clause (v) of sub-section (1) of section 2 of the Trade and Merchandise Marks Act, 1958 (43 of 1958) or property mark as defined in section 479 of the Indian Penal Code (45 of 1860) or any artistic work as defined in clause (c) of section 2 of the Copyright Act, 1957 (14 of 1957).
What is an Article?
Answer: Under the Designs Act 2000, “article” means any article of manufacture and any substance, artificial, or partly artificial and partly natural and includes any part of an article capable of being made and sold separately.
What is a set?
Answer: Under the Designs Act 2000, “set” means a number of articles of the same general character ordinarily sold together or intended to be used together, all bearing the same design, with or without modification not sufficient to alter the character or substantially to affect the identity thereof. For instance, a tea set, dinner set, furniture set, etc.
What is copyright in designs?
Answer: Under the Designs Act 2000, “copyright” means the exclusive right to apply a design to any article in any class in which the design is registered.
What is validity period (Term) of a design registration?
Answer: A registered design is valid for 10 years from the date of application. This period of ten years can be extended by 5 years, if the registered proprietor applies for extension in prescribed manner.