The registration and protection of industrial designs in India are managed by the Designs Act, 2000. And corresponding Designs Rules, 2001 that came into power on 11th May 2001 abolishing the earlier Act of 1911. The Design Rules, 2001 was moreover amended by Designs (Amendment) Rules 2008 and Designs (Amendment) Rules 2014. The last act in Designs Rules came in to overpower from 30th December 2014. That includes a new category of the applicant as a small entity in addition to a natural person and other than a small entity.
The industrial design sees the creation of innovative and original features of new shape, form, surface pattern, embellishment and style of lines or colors used to articles which in the finished state appeal to and are assessed individually.
Benefits of Design Registration
The registration of a design confers upon the certified proprietor the private right to apply a design to the article in the class in which the design has been registered.
A registered owner of the design is called to a better protection of his intellectual property. He can sue for infringement, if his right is infringed by any person. He/she can license or sell his design as legal property for a fee or royalty. Registration originally gives this right for 10 years from the date of registration. If the fee for size is not paid for the further period of registration within the period of first registration, this benefit will stop. There is provision for the return is filed within 1 year from the date of cessation in the designated manner.