Author(s): Adv. Anushka Kaushik
Paper Details: Volume 3, Issue 5
Citation: IJLSSS 3(5) 20
Page No: 148 – 159
ABSTRACT
This research paper examines the role of industrial designs within the framework of Intellectual Property Rights (IPR), with a particular emphasis on the Indian legal system. Intellectual Property encompasses creations such as brands, inventions, designs, and artistic works, over which individuals or entities hold exclusive legal rights. Industrial designs, in particular, are critical for enhancing the aesthetic appeal, functionality, and commercial value of products. The study explores the concept, types, and significance of design, highlighting its impact on consumer perception, product differentiation, and market competitiveness. It traces the evolution of design protection in India, from colonial era statutes including the Patents and Designs Acts of 1872, 1888, and 1911 to the modern Designs Act, 2000, which aligns domestic law with international standards under the TRIPS Agreement. Key provisions of the Designs Act, 2000, such as eligibility criteria, registration procedures, rights of proprietors, duration of protection, and remedies for infringement, are analyzed. The paper underscores the importance of originality, novelty, timely registration, and compliance with statutory requirements to safeguard design rights. Additionally, the study addresses the territorial nature of design rights, the necessity of international registration for foreign protection, and enforcement mechanisms including injunctions and damages. In conclusion, the Designs Act, 2000 provides a comprehensive legal framework for the protection of creativity, innovation, and intellectual effort, fostering fair competition, securing business interests, and enhancing the long term commercial and reputational value of industrial designs.
WHAT IS INTELLECTUAL PROPERTY RIGHTS
Intellectual Property (IP) includes creations like brands, inventions, designs, and artistic works, for which individuals or organizations possess exclusive legal rights.
For many businesses, IP is a crucial intangible asset that increases value and strengthens market presence.
THE PRINCIPLES FORMS OF IP INCLUDE
Copyright – Offers protection for original creative works, encompassing literature, music, films, artwork, and digital content.
Patents – Grant exclusive rights to new inventions, whether they pertain to products, processes, or technological advancements.
Industrial Designs – Protect the visual characteristics of products, including shape, configuration, patterns, ornamentation, or color combinations. Any new and original design that improves a product’s aesthetic appeal and attracts consumers is eligible for registration.
Trademarks – Protect unique signs, names, symbols, logos, or sounds that identify and distinguish a company’s goods or services from those of its competitors.
MEANING OF DESIGN
Design encompasses the creative journey that transforms concepts into visually striking, functional, and significant results.
It is articulated through the structure, form, and visual characteristics of objects, environments, or systems. Thoughtfully crafted designs, whether they are artistic, decorative, or uniquely innovative, possess the ability to instantly attract consumer interest. Design transcends the mere implementation of directives; it embodies creativity, imagination, and originality. It can be created by professionals such as architects, engineers, or interior designers, or by individuals aiming to improve aesthetics, comfort, usability, or overall functionality.
Ultimately, design is the art of enhancing the appeal, efficiency, and purpose of objects, spaces, or systems.
MAJOR TYPES OF DESIGN INCLUDE
Architecture: The process of designing and engineering buildings and structural environments.
Interior Design: The art of planning and designing both interior and exterior spaces to enhance functionality and aesthetics.
Landscape Architecture: The discipline of creating outdoor spaces, including parks, gardens, and natural environments.
Industrial Design: The field focused on developing products meant for large-scale or mass production.
Fashion Design: The creative process of designing clothing, apparel, and accessories.
Engineering Design: The application of design principles to machines, structures, and technologies.
Software Design: The creation of systematic solutions to meet software-related needs.
User Interface (UI) Design: The design of interactive interfaces for technology and digital systems.
Graphic Design: The production of visual communication materials, including layouts, advertisements, and media designs.
Information Architecture: The organization and structuring of information systems to ensure clarity and usability.
Game Design: The development of interactive games and virtual environments.
User Experience (UX) Design: The enhancement of overall interaction and satisfaction for users with products, services, and environments.
Business Architecture: The design of organizational strategies, structures, and operational processes.
Scenic Design: The creation of stage sets and visual backdrops for theatre, film, and entertainment media.
Lighting Design: The design of effective lighting systems for architecture, interiors, and performance arts.
Sound Design: The creation and management of auditory environments for media, theatre, and entertainment.
PROTECTION OF DESIGNS IN INDIA
In India, the safeguarding of industrial designs is encompassed within the larger context of Intellectual Property Rights, which also includes trademarks, copyrights, patents, and geographical indications. The fundamental principle is “first to file, first to get,” indicating that a design’s creator must register it without delay to obtain legal protection, avert infringement, and confirm exclusive ownership. Initially, the regulation of designs was governed by the Designs Act of 1911. To update the legal framework and align it with international standards, the legislation underwent revisions, leading to the introduction of the Designs Act of 2000, which took effect in May 2000. This Act, which was published in the Gazette of India, serves as a thorough and self-sufficient statute, applicable throughout the entire territory of India.
DEFINITION UNDER THE DESIGNS ACT, 2000
The concept of design encompasses the characteristics of shape, configuration, pattern, ornamentation, or the arrangement of lines and colors, utilized in two-dimensional, three-dimensional, or a combination of both forms. These characteristics can be produced through manual, mechanical, chemical, or hybrid methods and, in their completed form, should attract and be evaluated exclusively by visual perception.
ORIGIN AND DEVELOPMENT OF THE DESIGNS ACT IN INDIA
The legal framework for protecting industrial designs in India has evolved through various stages, starting from the colonial period. The 1859 Act, enacted by the Governor-General of India, represented the first move towards securing the rights of inventors and their industrial designs. This was later enhanced by the Patents and Designs Act of 1872, which introduced specific rights and protections for designs for the first time. In 1888, the Inventions and Designs Act was established, repealing the 1872 legislation. This new law closely resembled the Designs Act of the United Kingdom, showcasing the impact of British legal standards. Following this, the Patents and Designs Act of 1911 was passed by the British Parliament, unifying previous laws into a comprehensive framework that governed both patents and designs.
A significant amendment in 1930 improved the registration process by changing the term “new and original design” to “new or original design.” The Act continued to oversee patents and designs until the introduction of the Patents Act in 1970, which established patent law as a separate statute. Subsequently, the 1911 Act was limited to the regulation of industrial designs. After India joined the World Trade Organization (WTO) in 1995, and to ensure that domestic law complied with the TRIPS Agreement (Trade-Related Aspects of Intellectual Property Rights), the Patents and Designs Act of 1911 was repealed. It was succeeded by the Designs Act of 2000, a thorough and contemporary statute aimed at fulfilling international design protection standards. The new Act took effect on 11 May 2001 and remains the governing law for industrial designs in India.
SALIENT FEATURES OF THE DESIGNS ACT, 2000
The Designs Act of 2000 establishes a thorough legal framework for safeguarding and regulating industrial designs in India. Its main provisions encompass:
- Transfer of Cases: District courts have the authority to transfer cases to high courts when the validity of a design registration is contested.
- Delegation of Powers: The Controller is empowered to delegate responsibilities to other Controllers, with the roles of examiners clearly outlined.
- Enhanced Penalties: The Act raises the penalties for infringement, thereby ensuring more robust enforcement of design rights.
- Secrecy Provisions: The two-year confidentiality period for registered designs has been eliminated, fostering greater transparency.
- Anti-Competitive Safeguards: Certain restrictive clauses in contractual licenses are monitored to avert anti-competitive behavior.
- Public Access to Licenses: Registered licenses are made available to the public, enabling the acquisition of certified copies for review.
- Procedural Flexibility: Provisions allowing for the substitution of applications before registration simplify administrative procedures.
Together, these elements reinforce the protection of design rights, encourage fair competition, and improve transparency in the registration process.
OBJECTIVES OF THE DESIGNS ACT, 2000
The main goal of the Designs Act is to safeguard original and innovative designs from unauthorized usage, thus protecting the rights of creators and owners. The Act seeks to:
- Guarantee that designers, originators, and artisans maintain exclusive rights to their works.
- Increase the commercial worth of industrial designs by drawing consumer interest and broadening market possibilities.
- Shield businesses from unfair competition and the misuse of designs by competitors.
- Streamline and update the legal structure regulating industrial designs to align with international benchmarks.
IMPORTANCE OF DESIGN
Designs embody intellectual creativity and play a crucial role in shaping consumer perception. Their significance can be outlined as follows:
- Product Recognition: Unique designs assist consumers in recognizing and distinguishing products within the market.
- Value Addition: Eye-catching and original designs increase the market value of products.
- Legal Protection: Registration under the Designs Act, 2000 provides protection against design infringement.
- Market Competitiveness: Safeguarding designs fosters fair competition and guarantees a return on investment for creators.
ESSENTIAL REQUIREMENTS FOR REGISTRATION UNDER THE DESIGNS ACT, 2000
ORIGINALITY OF DESIGN
A design can be registered only if it is both original and unique. Combinations of existing designs may be permitted, as long as the resulting design showcases a distinct and innovative visual appearance.
NOVELTY AND PRIOR PUBLICATION
To be eligible for registration, a design must not have been published or made publicly accessible in any manner before. Any public display, such as fashion shows or exhibitions, is regarded as publication and disqualifies the design. Conversely, private or experimental use does not count as publication and may be eligible for registration.
DEFINITION OF ARTICLES
According to the Designs Act of 2000, an article is defined as any manufactured item, whether it is natural or artificial, that can be created and sold in the market.
APPLICATION OF DESIGN TO ARTICLES
The design should be implemented directly in the article. This encompasses both three-dimensional shapes and two-dimensional visuals, including prints on fabrics, wall art, or surface decorations.
ELIGIBILITY FOR REGISTRATION
The original creator of the design or an individual who has legally obtained the rights from the original owner may seek registration. In cases where a design has several authors, registration must be submitted collectively. The design must adhere to the laws of the respective country and should not violate public order or morality.
REGISTRABLE DESIGNS
- Must be able to be produced and marketed independently.
- Must be unique and innovative within the market.
- Must be easily identifiable from current designs.
- Must not be replicated, plagiarized, or inappropriate.
NON-REGISTRABLE DESIGNS
- National flags, emblems, or insignia.
- Minor alterations in the dimensions of a current item.
- Architectural structures or buildings.
- Design layouts of integrated circuits.
- Trademarks or functional principles.
- Items like books, calendars, certificates, greeting cards, maps, stamps, medals, or sewing patterns.
- Mechanical devices or alterations of assembly parts.
- Components of items that are not produced or sold individually.
RIGHTS OF THE DESIGN OWNER
Upon registering, the owner obtains exclusive rights to the design, which are protected for a period of ten years and can be extended upon request. While certain designs may also be eligible for copyright protection, the remedies available under the Designs Act and the Copyright Act are distinct and must be sought independently.
PROCEDURE FOR THE REGISTRATION OF DESIGNS UNDER THE DESIGNS ACT, 2000
APPLICATION PROCESS
Chapter 2 of the Designs Act, 2000, details the process for registering industrial designs. An application must be filed with the Patent Office using the designated form and accompanied by the necessary fee. The application should indicate the category of articles to which the design pertains, and separate applications are required for each category.
Upon submission, the Controller reviews the application to confirm the design’s eligibility for registration. If all criteria are satisfied, the application is approved. In the event of objections, the applicant or their authorized representative must make the required modifications to resolve them.
According to Section 5 of the Act, the Controller ensures that the design is original or novel, has not been previously disclosed, and does not violate public policy or morality. Registration is granted for a specific category of articles, and the Controller is empowered to address any uncertainties related to classification. Applications that are incomplete within the specified time frame may be considered abandoned.
DURATION OF REGISTRATION
A registered design enjoys an initial protection period of ten years. This duration can be extended for an additional five years (resulting in a maximum of fifteen years) by paying the required fee to the Controller, as long as the extension request is submitted prior to the end of the original registration period.
INFRINGEMENT UNDER THE DESIGNS ACT, 2000
Section 22 of the Act forbids the unauthorized use of a registered design, which includes:
- Using the design or any imitation on products for sale without the consent of the registered owner.
- Importing products that feature the registered design or imitation for sale without proper authorization.
- Advertising or displaying for sale products with the registered design or imitation, while being aware that permission has not been granted.
Those who violate these provisions may be required to pay damages or a monetary fine of up to ₹25,000 for each violation, with a maximum recoverable amount of ₹50,000 for each design. Owners may also pursue injunctions to stop further violations. Defenses may be raised based on grounds for cancellation under Section 19, and cases can be moved to the High Court for resolution.
REMEDIES AVAILABLE
The owner is responsible for upholding their rights. Typical remedies consist of:
Interim or permanent injunctions to stop unauthorized use
Monetary compensation for incurred losses
Protection in Foreign Jurisdictions
Design rights are specific to territories, which means that obtaining registration in India offers protection solely within India and its territories. To ensure international protection, the owner must seek registration in each foreign jurisdiction according to its applicable laws.
CONCLUSION
The Designs Act of 2000 establishes a thorough and modern legal framework for safeguarding industrial designs in India, reflecting the country’s dedication to upholding creativity, innovation, and intellectual contributions. This Act recognizes that industrial designs are not just ornamental features but also vital assets that improve commercial viability, brand identity, and market competitiveness. By registering under this Act, owners obtain exclusive legal rights, enabling them to prevent unauthorized use, reproduction, or imitation of their designs. Such protection not only secures the commercial value of the product but also fosters ongoing investment in innovation by assuring creators that their intellectual contributions are legally acknowledged and safeguarded. Additionally, the Act encourages fair competition by deterring imitation and ensuring that legal protection is granted solely to original designs. Owners can assert their rights through remedies like injunctions, monetary damages, and litigation, which strengthens the practical enforcement of intellectual property rights. Furthermore, design protection under this law enhances the visibility of creators, nurturing an atmosphere of innovation and originality across industries. It inspires designers and businesses to create unique and appealing designs, thus promoting economic growth and broadening market opportunities. In conclusion, the Designs Act of 2000 functions not only as a legal shield for individual creativity but also as an essential tool for protecting business interests, stimulating innovation, and sustaining competitive advantage, ensuring that valuable designs are legally recognized and commercially leveraged for enduring success.
REFERENCES
M. Neelamalar, Media Law and Ethics,pg. 76, PHI learning private
DESIGN ACT – ORIGIN & IMPORTANCE
https://articles.manupatra.com/article-details/Industrial-Design-The-Design-Act-2000
https://indiankanoon.org/doc/1643916/#:~:text=(b)%20if%20the%20proprietor%20elects,of%20any%20one%20design%20under
https://thelegalschool.in/blog/design-act-2000
THE DESIGNS ACT, 2000,No. 16 Acts of Parliament ,2000 (India)