In India, the law of designs is governed by The Design Act, 2000. The Act provides that “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.
Prohibition of registration of certain designs
A design which
(a) is not new or original; or
b) has been disclosed to the public anywhere in India or in any other country by publication in tangible form or by use or in any other way prior to the filing date, or where applicable, the priority date of the application for registration; or
(c) is not significantly distinguishable from known designs or combination of known designs; or
(d) comprises or contains scandalous or obscene matter shall not be registered.
DOCUMENTS REQUIRED FOR THE REGISTRATION OF A DESIGN
1.Name of the Article.
2.Five Copies each of the photographs of the Article from each side like Front View,Back view,Side View,The other side view,Perspective view oor other possible view.
3.Name of the applicant
4.Name of the Partners/Directors
5.Office address.
6.Trade description:- Whether Manufacturer/ Merchants/Both .
7. In case of an earlier application in convention country then priority documents.
8.Power of Attorney in our favour.(no need of legalization)
Right on registration:-
When a design is registered, the registered proprietor of the design shall have copyright in the design for ten years from the date of registration.
Renewal
If, before the expiration of the said ten years, application for the extension of the period of copyright is made to the Controller in the prescribed manner, the Controller shall, on payment of the prescribed fee, extend the period of copy-right for a second period of five years from the expiration of the original period of ten years.