Mumbai, Chennai or Kolkata. However, a design application is processed and prosecuted only at the Design Wing of the Patent Office, Kolkata.

Protection

The registered proprietor of a design has a copyright in the design and an exclusive right to apply the design to any article in any class in which the design is registered. Design that can be protected includes only 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 whether manual, mechanical or chemical, and is judged solely by the eye. If a design involves any mode or principle of construction or is a mere mechanical device, it cannot be protected. A trade mark, property mark or any artistic work can also not be protected under the Act.

Classification

Articles for registration of designs shall be classified as per current edition of “International Classification for Industrial Designs (Locarno Classification)” published by World Intellectual Property Organization (WIPO).

Startups

The Rules envisage that an applicant may be a ‘Startup’ either on its own or along with Natural person(s) and Small entit(y)/(ies).

Proof of being a “Startup” or “Small entity” – Form 24

As per the Rules, it is mandatory to file Form 24 (previously used for establishing status of a Small entity) for an entity filing a design application and/or other documents in the capacity of a Startup or a Small entity. The purpose of this Form is to ask for a declaration from the applicant that it is indeed a Startup/ Small entity and also require submission of evidence in the form of a certificate/affidavit.

Official fee for Natural persons (Individuals)/Startups/Small entities

Fee payable by Natural persons and/or Small entities and/or Startups is the same.

Fee payable by Others (alone or with Natural persons and/or Startups and/or Small entities) is 4 times the fee payable by Natural persons and/or Startups and/or Small entities.

Fees and Scale of Costs are provided in “The First Schedule” and “The Fourth Schedule” of the Rules.

Difference in fee payable upon transfer

The Rules prescribe that in case an application processed by a Natural person/Startup/Small entity is fully or partly transferred to a person other than a Natural person, Startup or Small entity, as the case may be, the difference, if any, in the scale of fee(s) charged from the applicant and the fees chargeable from the transferee, shall be paid by the new applicant (transferee) with the request for transfer.

Term

The Act envisages the term of a design to be ten (10) years from the date of registration (a design is registered as of the date of application) and this term could be further extended for five (5) years.

Cancellation

The Act envisages cancellation of a design by any person interested by way of a petition to the Controller on inter alia the following grounds:

Previously registered in India;

Published in India or any other country prior to the date of registration;

Lack of novelty or originality;

Not registrable under the Act;

Not a design as defined in the Act.

Exclusive rights

The Act frowns upon the use of design or any fraudulent or obvious imitation, except with the license or written consent of the registered proprietor or enabling the use of design. The Act further prohibits import for sale, any article bearing the design or any fraudulent or obvious imitation, or to publish or expose for sale any such article, without the consent of the registered proprietor. In case of piracy, the Act provides for a recovery of twenty-five thousand rupees (INR 25,000), as a contract debt for every contravention (capped at INR 50,000 in respect of any one design) or in case the registered proprietor initiates a lawsuit, damages and/or injunction. Marking of an article with the design number is a must to claim damages in case of piracy.