Any shape, configuration, pattern, ornament, the composition of lines, color, or combination which has no mechanical use thereof when applied to an article can be registered under the Design Act, 2000. A design is primarily part and parcel of the article manufactured.
Example: Bottle of Coke, design of a shoe, Specific shape and color combination of Cad bury, etc.
The first and foremost step prior to starting a business in India is the idea and vision about the line of business. The entrepreneur ought to have a vision whether in the form of a simple or detailed business plan with market analysis, projected financial statement, etc. However, a detailed business plan is preferred over a simple plan as it helps the aspiring entrepreneurs to avert mistakes thus, increasing the probability of succeeding in the business. However, if you are on the other side and do not possess any particular business idea then you can put your mind to some research work by taking the help of technology through the internet.
The Design is valid for ten years from the date of filing of an application. In the case where priority date is claimed with respect to Design, the term ten years will be counted from the date of priority date.
The design can be extended for another period of five years on the application made in the prescribed fee with the form to the controller before the expiry of the initial period of Copyright.
Further, if a registered design is lapsed due to non-payment of extension fee then an application for restoration of lapsed Design is required to be submitted to the Controller along with prescribed form and fee, within one year from the date on which Design has lapsed.
Recently IP authorities have made the procedure easier for filing the application of Design with the medium of e-filing through ipindia.nic.in the portal of Design. The Design application can be filed now within 24 hours and the applicant can use the design freely from the first date of filing.
To encourage the protection of Design, IP authorities are charging a very nominal fee from the signal applicant or small scale proprietors, startups in comparison to the companies.