Introduction:
One of the most important legislation of controlling the protection of designs in India is the Design Act, 2000. This act, which was passed with the intention of advancing and defending the rights of designers, is essential to the development of economic growth, innovation, and creativity.
India has made significant progress in establishing a legal framework for design protection over the years. The journey began with the Patterns and Designs Protection Act of 1872, which was the first step in recognizing designs as intellectual property in the country. Subsequently, the Inventions and Designs Act of 1888 further strengthened the protection of innovative designs by introducing a dedicated section for designs. The British Patent and Designs Act of 1907 influenced the Indian Patent and Design Act of 1911, setting comprehensive provisions for design protection. A pivotal amendment in 1930 raised the bar for design protection by changing the definition of design to “new and original.” The Design Act 2000, which came into effect in 2001, modernized India’s design law, aligning it with international standards and enhancing the protection of industrial designs in the country.
In the case of Bharat Glass Tube Limited v. Gopal Gas Works, the Supreme Court clarified the main goal of the Designs Act of 2000. The goal of the Design Act is to protect the intellectual property rights (IPR) connected to original designs, and the Court clarified this goal. The act’s main objective is to compensate innovators for their committed study and work in producing original and creative designs. The Court emphasized that the primary goal of the protection provided by this act is to advance industries and keep them innovative and competitive at a high level.
Provisions:
Definition of Design: The Design Act defines a design as the “features of shape, configuration, pattern, ornament or composition of lines or colors 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”. However, the following are excluded from the meaning of ‘design’ as provided under Section 2(d): any mode or principle of construction or anything which is in substance a mere mechanical device, and does not include any trade mark as defined in clause (v) of sub-section (1) of section 2 of the Trade and Merchandise Marks Act, 1958 (43 of 1958) or property mark as defined in section 479 of the Indian Penal Code (45 of 1860) or any artistic work as defined in clause (c) of section 2 of the Copyright Act, 1957 (14 of 1957).
Registration Process: Under the Design Act, designers can apply for registration of their designs with the Design Registry. The registration process involves submitting an application along with representations of the design. Upon satisfying the criteria and formalities, the Design Registry grants registration, providing legal protection to the design for a specified period. The process of registration is as below:
- Examination
- Formality Check
- Examination Report
- Reply to the Objection Under Examination Report (if any)
- Design Registration and Publication in Journal
- Register of Designs
Term of Protection: The protection conferred by the Design Act extends for an initial period of ten years, renewable for an additional five years upon application. This ensures that designers can enjoy exclusive rights to their creations for a significant duration, incentivizing innovation and investment in design development.
Design Infringement and Remedies: The Design Act prohibits the unauthorized replication, imitation, or utilization of a registered design for commercial purposes. Infringement of a design occurs when a third party manufactures or sells items that closely resemble the registered design, resulting in market confusion or deception. In instances of design infringement, the Design Act offers legal recourse to the affected party. This may involve obtaining injunctions to prevent further infringement, seeking compensation for losses through damages or account of profits, and confiscating or destroying infringing articles. These provisions act as deterrents against violations of intellectual property and uphold the rights of designers. According to Section 22(2) of the Design Act of 2000, the liabilities of those who infringe on a design are specified. Additionally, Section 55 of the Copyright Act of 1957 outlines the range of civil remedies available to the owner of a registered work. It facilitates the pursuit of remedies, claiming damages, or filing an injunction against anyone who infringes on the registered article under the Design Act, 2000.
Cancellation of Registered Design: Section 19 of the Designs Act, 2000 encompasses provisions concerning the annulment of a design’s registration that has already been registered. It stipulates that any individual has the right to submit a petition to the Controller with the intention of revoking the registration of a design. This action can be taken at any point subsequent to the design’s registration. To facilitate this process, one must consult Form 8 and remit the appropriate fee to the controller, which varies depending on the category of the applicant.
Conclusion:
The Design Act, 2000 provides a legal framework for the registration and protection of designs, ensuring that designers are able to reap the benefits of their creative efforts. By granting exclusive rights to the creators of original designs, the law incentivizes innovation and encourages designers to invest in the development of new and unique products.
Overall, the Design Act, 2000 plays a crucial role in promoting the development of the design industry in India. By protecting the rights of designers, fostering a culture of innovation, and promoting economic prosperity, this law is essential for unlocking the full potential of design as a strategic asset in the digital era. Effective implementation and enforcement of the Design Act are therefore essential for ensuring that India remains at the forefront of creativity and excellence in the design industry.
DUCTUS EDGE 