Design registration is a form of intellectual property protection that safeguards the unique visual appearance of a product. It ensures that no one can copy or imitate the external design of your product without permission.
What Does It Protect?
It protects only the look**, not the function. Specifically:
- Shape
- Configuration
- Pattern
- Ornamentation
- Composition of lines or colors
These must be applied to an article by any industrial process or means and should be appealable to the eye.
Why Register a Design?
- Grants exclusive rights to the owner.
- Helps prevent design theft or copying.
- Adds commercial value and uniqueness to a product.
- Can be licensed or sold like any other asset.
Duration of Protection:
- Valid for 10 years from the date of registration.
- Can be extended by 5 more years (total of 15 years).
Here are the documents required for Design Registration in India under the Designs Act, 2000:
1. Application Form (Form 1)
- Includes applicant details, article name/class, and address for service in India.
2. Representation Sheets
- 4 copies of exact drawings, photos, or renderings of the design from all views (front, back, side, top, bottom).
- Must clearly show the design applied on the article.
3. Power of Attorney (if filed through an agent)
- Authorizes a patent/design agent or attorney to file on behalf of the applicant.
4. Statement of Novelty
- A brief description explaining what is new or original about the design (e.g., shape, surface pattern, etc.).
5. Priority Document (if claiming foreign priority)
- If the application is based on a previous filing in another country under the Paris Convention.
6. Applicant’s Identity Proof
Depending on the applicant:
| Applicant Type | Required Document |
|---|---|
| Individual | Aadhaar/PAN/Passport |
| Company | Certificate of Incorporation |
| Partnership/LLP | Partnership deed / LLP agreement |
| MSME/Startup | Udyam/MSME certificate (for fee concession) |
7. Form-21 (If applicable)
- Used when the applicant is not the original designer but has acquired rights from the original creator.