What are the Essential Requirements for the Registration of ‘Design’ under the Designs Act, 2000?

By Trademark Bazaar - 5th October 2017

What are the Essential Requirements for the Registration of ‘Design’ under the Designs Act, 2000?

Design registration can be obtained for any design that is aesthetic in nature. Further, in order to obtain the registration the design must be original and unique.

Design can be defined as the physical features of the product like shape, configuration, pattern, the combination of lines or colors etc applied to an article by the means of industrial process. The design registration once obtained is valid for the time period for 10 years and after that, a renewal of further 5 years can be obtained. There are certain essential requirements which every design must fulfill in order to get registered.  The essential requirements for obtaining a design registration are as follows-

• The design should be new and original.

• The novelty may reside in the application of a known shape or pattern of a subject matter.

• The design shall be related to the physical features applied to an article like shape, pattern or configuration etc.

• The design should be applied through an industrial process.  The design which is not produced by any industrial application like painting, sculptures etc are generally not protected by design registration.

• The features of the design shall be solely judged by the eyes. Further, that means design must be visible on the finished article.

• The design must not include any obscene or scandalous material.

• Design should not have been disclosed to the public anywhere prior to its publication.

• The design must not be functional in nature.

 

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