Introduction
Definition of Design
Section 2 (d) of the Design Act, 2000 defines "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, property mark or any artistic work defined in Copyright Act.
Scope of Design Protection
The product should be able to be manufactured and sold separately, and it can be either two- or three-dimensional. The final product's design should be appealing to the eye and assessed only by the sight. Any construction method or technique that is essentially just a mechanical device is not protected by design, nor is it protected by any trademark, property mark, or creative work. As a result, only designs appealing to the eye applied to goods are protected or granted registration rights under the Act.
Term of Registration
Section 11 of the Designs Act, 2000, defines the terms and reasons for the protection period of registered designs in India. A design is protected for ten years following the date of registration within the initial era. During this time, the designer has the sole authority to use and grant licenses. Reproduction or imitation for any unlawful use is prohibited during this time. The maximum protection period is fifteen years, with an alternative to extend design protection for an extra five years.
In order to obtain this extension, the Applicant needs to submit an application for a renewal prior to the end of the original term of protection i.e. ten-years.If the application of design is not renewed within the prescribed time, it will be considered to have been cancelled. The Act does provide restoration, nevertheless, if an application is submitted within a year of the date of expiration, both with the required payment and a justification for the gap.
Conclusion
Business entities may compete in the market and safeguard their original and inventive designs with design protection. They can obtain exclusive rights, set themselves apart from rivals, and generate extra income through licensing and monetization by registering a design. The additional term of five years provides the designer an advantage over competitors in the market since he can fully utilize his product and prevent unauthorized use. Companies have the chance to support economic growth, preserve their brand identity, and foster innovation.
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