In today’s competitive market especially in a place like India, leaving a footprint in the market is crucial. So here comes the role of design logos that helps entities to be differentiated among the customers. At the same time, it is important to protect these designs in ever-changing field of intellectual property laws. Further, design infringement that includes the unauthorized replication or imitation of a registered designs is a complicated issue that could greatly impact the growth of many industries. A legal framework has been created in India under the Designs Act, 2000 to safeguard these distinctive designs, rendering design infringement, a significant concern. The analysis of design infringement in India, including its categories, legal framework, associated penalties, and accessible remedies.

If the design was not registered, there is no protection under the Act. If the design lacks novelty, registration can be challenged.

According to Section 2(d) of the Designs Act, 2000, a design refers to the features of shape, configuration, pattern, ornament, or composition of lines or colors applied to any article. The design needs to be novel and unique.

Design protection in India is governed by

The Designs Act, 2000 provides a legal framework for safeguarding new and original designs. It lays down the process for registration and defines infringement as the unauthorized commercial use of a registered design.

The Designs Rules, 2001, together with the Designs Act, 2000, lay down the procedure for registering a design in India. The process begins with filing an application through Form-1, which requires details such as the applicant’s particulars, a representation of the design, the relevant article class under the Locarno Classification, and payment of the prescribed fee.

International Treaties – India is a member of the Paris Convention and the WIPO Hague Agreement.

Design Registration Process

Design Search: Before submitting an application, it’s strongly recommended to carry out a detailed search to make sure your design is truly new and original. Doing so can help you avoid possible objections or legal issues with existing registered designs.

Preparation of Representation Design Representations: This is an essential part of the application. Please create high-quality line drawings, CAD images, or photographs that show the design from multiple views - including front, back, left side, right side, top, and bottom. Additionally, include a perspective or isometric view that captures the complete article in full detail.

Preparation/compilation of other documents for filing the Application:

Form 1: This is the main application form required for design registration. It should include:

• Complete details of the applicant such as name, address, nationality, and status (individual, small entity, start-up, or corporate body).
• The name of the article for which the design is being registered.
• The relevant class number.
• The address for service.
• If the application claims priority under the Paris Convention, the priority details must also be provided.

Power of Attorney (if applicable): If the application is being filed through a legal representative, a signed Power of Attorney must be attached.

Priority Document: In cases where priority is claimed, a certified copy of the priority application must be included.

Proof of Entity Status: For applicants applying as a small entity or start-up, supporting documents such as an MSME certificate (in the case of small entities) must be submitted as proof.

Filing the Application

The application can be submitted either online or in person, along with the required fee.

• Online filing: The CGPDTM offers an e-filing portal for easy submission.
• Physical filing: Applications may also be submitted directly at the Designs Office.
• Examination of the Application: Once the application is filed, the Designs section of the Patent Office reviews it to make sure it meets the requirements of the Designs Act, 2000.

Response to Objections (if any): If the examiner raises any objections, they will issue a First Examination Report (FER). The applicant is then required to reply within the given timeline - six months from the date of filing in India, with the option of an additional three-month extension.

Grant of Registration and Publication: Once the application clears examination and any objections are resolved, the design is formally registered. The Designs Office then issues an e-Certificate of Registration, which acts as legal proof of ownership. After registration, the design is published in the official Designs Journal, making it publicly accessible and part of the official record.

Design Infringement

Unlawful use of a registered design under intellectual property law is known as design infringement.

The following are examples of infringement under Section 22 of the Designs Act of 2000:

• Reproducing a design without authorization.
• Even if not identical, a design that closely resembles a registered design may be considered infringing.
• Selling or importing products that contain the infringing design.

Whirlpool of India Ltd. v. Videocon Industries Ltd, Cello Household Products v. Modware India are some of the prominent design infringement cases.

Legal Remedies for Design Infringement

A registered design owner has the right to seek legal remedies, including:

• Civil Remedies
• Criminal Remedies
• Administration Action

Conclusion

The market segment that suffers a major hit due to design infringement are the fashion, automobiles and consumer good industries. Further, The Designs Act of 2000 provides a solid legal framework but still enforcement remains a challenge. In order to avoid this issue companies and artists should focus on proactive registration, vigilant monitoring, and legal measures to protect their designs. By doing this a secure environment for innovation and creativity will be created and help the design ecosystem in India to be generally stronger.

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