What Is Registered Design? - Meaning & Overview
What Designs Are Eligible For Being Registered in India?
- An Unoriginal Creation: Here “Original”, in relation to a design, means originating exclusively from the author of such design and this includes the cases where the design might be old in themselves, yet new in their application.
- Designs Already in the Public Domain: Designs disclosed to the public anywhere in India or in any other country by publication in touchable form or by use or in any other way prior to the filing date, or where applicable, the prior user’s date of the application for registration.
- Not-distinct – Not expressively different from recognized, registered and already existing designs.
- Contains Offensive Elements – Comprises or contains disgraceful or offensive matter.
- Exclusive Of Function – In other words, outer appearance should not serve any technical purpose to the product as the functionality of a product is not protected under a design application.
- Prohibited Applications: Applied to certain articles such as wall plaques, medals, printed matters primarily of a literal or artistic character for e.g. calendar, certificates, coupons, greetings cards, leaflets, maps, playing cards, postcards, stamps and articles similar to it.
- Layouts & Blueprints: Methods or principles of construction for e.g. layout of the architecture of a building, design of the building, etc. These can instead be protected as Copyrights.
- Computer programs – Codes or Programming Languages for Computer & Software Applications.
What are the Benefits of Registered Designs?
1. Exclusive Rights and Protection:
2. Market Advantage and Commercial Opportunities:
3. Increased Brand Value and Recognition:
4. Licensing and Commercialization Opportunities:
5. Deterrence of Design Infringement:
How to Enforce Registered Designs In India?
1. Cease and Desist Notices:
2. Mediation and Alternative Dispute Resolution (ADR):
3. Design Infringement Litigation:
4. Applicable Laws:
Notable Registered Designs in India: Case Studies
|Case Study I: Tata Nano|
The Tata Nano, popularly known as the "People's Car," serves as an excellent example of a registered design that played a pivotal role in the success of a brand. The Nano, manufactured by Tata Motors, introduced an innovative and affordable compact car design to the Indian market. The unique exterior design, featuring compact dimensions, sleek lines, and a distinctive shape, captured the attention of consumers looking for a budget-friendly mode of transportation.
The registered design of the Tata Nano contributed significantly to the brand's recognition, wealth, and prosperity. It differentiated the car from competitors, establishing a distinct identity and resonating with the target audience. The design's popularity and affordability made it a preferred choice for urban commuters and first-time car buyers. By leveraging the exclusive rights granted by the registered design, Tata Motors created a niche for itself in the automotive industry, achieved commercial success, and enjoyed increased market share.
|Case Study II: Titan Raga Watches Titan|
Titan, a renowned Indian watch brand, successfully utilized registered designs to establish its wealth, prosperity, and recognition in the fashion and accessories industry. In particular, Titan's Raga collection of watches stands out as an excellent example of how registered designs can contribute to a brand's success. The registered designs of Titan Raga watches embody elegance, intricacy, and femininity, catering to the preferences of the modern Indian woman.
The registered designs of Titan Raga watches have played a crucial role in capturing the attention of consumers and setting the brand apart from its competitors. The unique designs, featuring delicate and artistic dials, beautifully crafted straps, and embellishments like crystals and pearls, have become synonymous with the brand's commitment to style and quality. These distinctive design elements have not only attracted a loyal customer base but have also contributed to Titan's brand recognition and market position.
By leveraging the exclusive rights granted by registered designs, Titan has been able to protect its unique watch designs and maintain a competitive advantage in the market. The success of the Titan Raga collection showcases the power of registered designs in the fashion industry and how they can elevate a brand's wealth, prosperity, and recognition.
Q1: What is the duration of protection for a registered design in India?
The protection for a registered design in India lasts for a period of ten years from the date of registration, renewable for another five years, totaling a maximum protection period of fifteen years.
Q2: Can multiple designs be included in a single application for registration?
Yes, under the Designs Act, 2000, a single application can include multiple designs as long as they belong to the same class of Locarno Classification.
Q3: Are functional or technical features eligible for registration as designs in India?
No, registered designs in India protect the visual appearance and aesthetic attributes of a product. Functional or technical features are protected under other intellectual property rights, such as patents.
Q4: Can I seek international protection for my design registered in India?
Yes, India is a member of the Paris Convention for the Protection of Industrial Property and provides provisions for claiming priority from an earlier application in another member country. Additionally, India is also a member of the Hague Agreement, allowing for international registration of industrial designs.
Q5: Can I enforce my unregistered design against infringers in India?
No, to enforce design rights against infringers, the design must be registered in India. Unregistered designs do not enjoy legal protection and cannot be enforced under the Designs Act, 2000.