Scope of Design Protection in India: The aesthetics of any article or made from manufacture are included and registered in India under the Designs Act, 2000 (“the act” for quick) and Designs Rules, 2001, as amended in 2008. A “Design” in line with Section 2 (d) of the Act, is defined as functions of shape, configuration, sample, ornament or composition of strains or shades applied to any article via any industrial method or manner. The article can be a -dimensional or three-dimensional article, and have to be capable of being made and offered one by one. The design in the finished article must appeal to and be judged totally via the eye.   safety of design does no longer include any mode or principle of production or whatever, that's in substance a mere mechanical device, and does no longer include any trademark or assets mark or artistic work. For this reason, the act presents protection or registration right simplest to the designs which might be aesthetic in nature, carried out to articles, and now not to the designs dictated with the aid of a purposeful characteristic.

Who can apply for design registration?

As consistent with Section 5 of the Act, any person who claims to be the proprietor of any new or authentic design can observe for registration of such design. the term ‘owner’ has been defined in Section 2(j) to mean a person for whom writer of the design has performed the paintings in return for desirable consideration, or someone who has received the design or the right to use the layout to any article, or the author of the design and any other individual upon whom the proper in the design has devolved.   

 Requirements for registration: 

The critical necessities for registration of a design are:    

• Should be judged solely with the aid of the attention and the functions of the layout must be visible.
• Have to be new or authentic.
• Have to not be disclosed to the general public in India or some other place in the world via earlier ebook or via earlier use or in some other way.
• Have to be drastically distinguishable from designs or mixture of designs which might be already registered or pre-existing or disclosed to the public.
• Must no longer encompass any scandalous or obscene matter.
• Have to be implemented to an editorial by a business process.
• Should no longer include any feature that is in simple terms useful.
• Need to not encompass any trademark or property mark or inventive work as described beneath the copyright act.

Period of protection under design registration: As soon as the design software meets the stipulated necessities, registration is granted through the patent office. The registration affords the applicant with copyright within the design for a preliminary time period of ten years, extendible to fifteen years. Rights related to design registration   phase 22 of the act provides for felony court cases against piracy of a registered design. it stipulates that it might be unlawful for any person to, for the reason of sale and without a license or written permission of the owner, follow the layout itself or any fraudulent or obvious imitation thereof to any article inside the magnificence of articles wherein the layout is registered or import such an article or knowingly post that the thing is on the market.