Sasi Kumar Gera

Scientist/Engineer ‘E’
NIELIT, Aurangabad
 LONG HISTORY OF DESIGN REGISTRATIONS IN INDIA
IT STARTED WITH THE DESIGNS ACT,1911:
PRESENTLY THE DESIGNS ACT,2000 IS IN FORCE
KEY FEATURES WHICH MAKE THE PRESENT DESIGNS ACT
AS PER INTERNATIONAL STANDARDS:
(a) the broadened scope of “Article” which now specifically
includes any part of an article capable of being made and sold separately;

(b)“Design” to include apart from shape, configuration, pattern or ornament even composition
of lines or colours applied to any article;

(c) absolute (worldwide)novelty for registration of designs;

(d) introduction of the International system of Classification of goods;

(e) possible restoration of lapsed designs;

(f)possible inspection of registered designs immediately after registration;

(g) allowing broadened convention priority;

DESIGNS ACT 2000
(Came In To Force On 11-05-2001)
APPLIED TO

ANY ARTICLE OF MANUFACTURE IN TWO DIMENESION

OR THREE DIMENSION OR IN BOTH FORM
BY ANY INDUSTRIAL PROCESS OR MEANS

IT CAN BE:
•MANUAL,
•MECHANICAL,
•CHEMICAL,
•SEPARATE OR COMBINED
 DESIGN SHOULD BE APPLICABLE BY INDUSTRIAL
MEANS

 WHERE THE ESSENTIAL CONSTRUCTION OF THE DESIGN

COMPRISES OF NATURAL THINGS AS SUCH, FOR EXAMPLE,

 AN ORNAMENT USING NATURAL ROCKS,

 A STUFFING OF A BIRD OR ANIMAL,

 AN ORNAMENT OR CONTAINER USING WOOD OR BAMBOO,

 EACH INCORPORATES, FORMATIVE BEAUTY CREATED BY

NATURE AS AN ESSENTIAL PORTION OF THE DESIGN.

 SUCH A DESIGN CAN NOT BE PRODUCED ON A REPEATED

BASIS BY INDUSTRIAL MEANS HENCE NOT A SUBJECT FIT
FOR DESIGN REGSITRATION.
Classification of designs in classes :

 An International classification of Industrial Designs according to the

Locarno Agreement has been introduced in the Designs Rules,
2001. The classification of goods is based upon the function of the
classification of goods is applied.
 Classes and most of the classes are further divided into sub-
classes.These classes and sub-classes are mainly function oriented.

 Normally, the name of the article should be such that is

common/familiar in the trade or Industries. The name of the article as
mentioned in the application from should correspond with the
representation of the article as filed.
 CLASSIFICATION OF DESIGNS

CLASS-03= TRAVEL GOODS & PERSONAL BELONGINGS

Sub Class 03-01: Trunks,Suitcases,Briefcases,

Sub Class 03-03: Sunshades ,Walking Sticks ..

Sub Class 03—04: Fans

CLASS 07 : HOUSEHOLD GOODS

Sub Class 07-01 : China ,glassware,dishes..

Sub Class 07-03 : Table Knives..

Sub Class 07-08: Fire Place Implements
CLASS 15 : MACHINES
Sub Class 15-03 :AGRICULTURAL MACHINARY
-PLOUGH DESIGNS
-REAPING MACHINES
WHICH APPEAL TO AND ARE JUDGED SOLEY BY THE EYE
ANY SUBSTANCE

Fertiliser Tablet
 WHAT IS A DESIGN FEATURE
ARTICLE Flower Pot

Same Article Having Different Shape

SHAPES : form of the article in three dimensions

Variety of Novelty & Originality in a Design
Decorative Surface Pattern Can Add value to a Product
METHOD OF MANUFACTURE NOT PROTECTED BY DESIGN

FRUIT BASKET DESIGN

CLAIM: PATTERN OF THE BASKET CONSISTING OF THE

OSIERS BEING WORKED IN SINGLY AND ALL THE BUTT
ENDS BEING OUTSIDE

IMPROPER CLAIM AS PER THE REPRESENTATION

-DESIGN DISALLOWED
NOT NOTICEABLE BY THE EYE GRANULAR PARTICULATE
SHAPE
OF SUBSTANCES EVEN IF NOVEL CANNOT BE REGISTERED
 A SUGAR CUBES
OF NOTICEABLE SHAPE AND CONFIGURATION
ALLOWED
 WHAT IS A REGISTRABLE DESIGN

ANY DESIGN APPLED TO AN ARTICLE WHICH IS:

A) NEW OR ORIGINAL

B) HAS NOT BEEN DISCLOSED TO THE PUBLIC ANYWHERE

IN ANY TANGIBLE FORM OR BY USE OR IN ANY OTHER
WAY PRIOR TO THE DATE OF FILING/PRIORITY DATE;

C) IS SIGNIFICANTLY DISTINGUSIHABLE FROM KNOWN

DESIGNS OR COMBINATIONS THEREOF;

D) DOESNOT CONSPRISE OR CONTAIN SCANDALOUS OR

OBSCENE MATTER
REPRESENTATIONS OF DESIGN

DESIGN APPLIED TO
A STOOL
WHAT IS ORIGINALITY IN DESIGNS AND HOW
IT HELPS IN GENERATING NEW DESIGNS

SHAPE AND CONFIGURATION OF

A CRICKET BAT AND A BALL IS WELL KNOWN
DESIGN WHICH IS NOT NEW AS SUCH BUT
ORIGINAL AND NEW IN APPLICATION
ALSO REGISTRABLE

 SHAPE OF CRICKET BAT &

BALL WELL KNOWN

 BUT AN ERASER IN THE

SHAPE OF CRICKET BAT &
BALL IF NOT PRIOR PUBLISHED

 REGISTRABLE AS AN
ORIGINAL DESIGN HAVING
NOVEL APPLICATION
 VARIANTS COMMONLY
USED IN TRADE NOT A
REGISTRABLE DESIGN

 Common practice to have or not have spikes in soles

Of running shoes.

 You cannot claim a new design by simply adding

available spikes to a known shoe which did not
have spikes.
CASE STUDY: ORIGINALITY OF APPLICATION OF
DESIGN ON ARTICLE
Filed Design (Chocolate)

VS

Prior Design (Desktop electric calculator)

 DESIGNER TOYS
BASED ON CELEBRITIES

 NOVELTY STATEMENT:
NOVELTY RESIDES IN THE SHAPE AND
CONFIGURATION APPLIED TO THE ARTICLE
TOYS.
CONDITIONS FOR VALIDITY OF SUCH DESIGNS
IS IT MANDATORY TO
MAKE THE ARTICLE BY
INDUSTRIAL PROCESS OR
MEANS BEFORE MAKING
AN APPLICATION FOR
REGSITRATION OF THE
DESIGN

NOT MANDATORY TO
PRODUCE THE ARTICLE
WITH THE DESIGN
BEFORE APPLYING FOR
THE REGISTRATION
YOU CAN DESIGN THE DISPLAY PANEL

OF A DIGITAL WATCH

TO ATTRACT THE CUSTOMER

AND MAKE THE PRODUCT MORE

ATTRACTIVE TO THE CUSTOMER

 New Frontiers of Industrial Design

Allow ability Of Computer Icons As

An Industrial Design By The UK Patent Office
NEED FOR MARKING OF AN ARTICLE AS
A REGISTERED DESIGN

PREFERABLY MARK THE

ARTICLE AS:
“REGD. DESIGN.
NO…………”

IF NO MARKING ON THE
ARTICLE THE REGD.
PROPRIETOR WOULD NOT
BE ENTITLED TO CLAIM
DAMAGESFROM ANY
INFRINGER
 WHEN AND HOW YOU CAN REGISTER SET OF
ARTICLES TOGETHER
 A set of cuff links and a tie clip
 A set of smoking accessories
 A tea set
 A coffee set
 A set of table knives, forks and spoons
 A set of furniture for drawing room
 A set of air conditioners
 A set of golf clubs
 A set of seat covers for automobile
 A set of audio equipment
6 piece coaster set
HOW DESIGN LEADS TO MARKET CRAZE AND COMPETIION
FUNNY FACE BISCUIT DESIGN BY BRITTANIA INDUSTRIES

MILK BIKIS MILK CREAM OF BRITTANIA

REGD. NO. 171091 OF 11-04-1996
MARKETED FIRST IN OCT.,1996

FUNNY FACE ON FRONT

SUBSEQUENT FUNNY FACE BISCUIT DESIGN OF
SARA LEE BAKERY

MILK WALA OF SARA LEE

PARENT SARA LEE CORPORATION GLOBAL MANUFACTUREER
CAME IN INDIA IN 1997
OBTAINED REGD. NO. 179167 IN 01-04-1999

FACIAL DESIGN
MILK BIKIS MILK CREAM OF
BRITTANIA REGD. NO. 171091 OF
11-04-1996 MARKETED FIRST IN
OCT.,1996
MILK WALA OF SARA LEE PARENT
SARA LEE CORPORATION GLOBAL
MANUFACTUREER CAME IN INDIA
IN 1997 OBTAINED REGD. NO. 179167
IN 01-04-1999
 HOW OBVIOUS IMITATIONS CAN BE
STOPPED BY REGISTRATION
OF INDUSTRIAL DESIGNS

PLAINTIFFS DEFENDANTS

DESIGN WITH PLANE /SMOOTH

FINISH SAME DESIGN WITH
ROUGH FINISH
FINDINGS OF THE COURT:

 BROAD PATTERN OF THE TWO SOLES SIMILAR

BOTH HAVE SIMILAR PATTERNS IN CUTS, RIDGES,
GROOVES AND LINED PATTERNS.

 BROAD FEATURES OF PATTERN, CONFIGURATION &

DESIGN SIMILAR

 COLOUR DIFFERNCE DEFENDANTS BLACK VIS-À-

VIS BROWN OF PALINTIFFS NOT OF ANY
SUBSTANCE

 APPARENTLY THE DESIGN APPLIED BY THE DEFENDANT IS

SIMILAR OR OBVIUOS IMITATION OF THE PLAINTIFFS
DESIGN.

 DEFENDANTS CANNOT BE SAID TO BE INNOCENT USER OF THE DESIGN

DUE TO SUBSTANTIAL SIMILIARITY DEFENDANTS CANOT USE THE
DESIGN
EVEN UNATTRACTIVE DESIGNS CAN BE PROTECTED

HOUSING FOR A LASER

YOU CAN HAVE MARKET EXCLUSIVITY

SIMILAR TO THAT OF A PATENT WITHOUT THE

NEED FOR QUALIFYING INVENTIVE STEP

BY WAY OF AN INDUSTRIAL DESIGN

APPLIED TO A PRODUCT
SHAPE AND CONFIGUARTION

OF A MOBILE PHONE BATTERY

 IMPORTANT POINTS TO REMEMBER

PURCHASE OF PRODUCT IN MARKET IS INFLEUNCED

NOT ONLY BY PRATICAL UTILITY AND EFFCIENCY
BUT ALSO BY APPERANCE

 THERE IS INTELLECTUAL EFFORT IN CREATION

OF ATTRACTIVE AND MARKET ACCEPTABLE
DESIGNS

YOU SHOULD ENSURE THAT IN TODAYS

COMPETITIVE MARKET PLACE SUCH
INTELLECTAUL EFFORT IS ENTITLED TO SOME
EXCLUSIVE PRIVILEDGES IN FAVOUR OF THE
CREATOR /HIS ASSIGNEES
 IMPORTANT POINTS TO REMEMBER

 GENERATE IDEAS OF NEW OR ORIGINAL ATTRACTIVE

DESIGNS

 REDUCE IDEAS IN TANGIBLE FORM ON PAPER

(NOT MANDATORY TO APPLY THE DESIGN IN THE
ARTICLE AND THEN FILE APPLICATION

 MAINTAIN RECORD OF AUTHORSHIP OF

DESIGNS AND ITS DEVOLUTION OF RIGHTS SO
THAT IN CASE OF ANY LEGAL COMPLEXITY YOU
CAN ESTABLISH THE ORIGIN /PROOF OF RIGHT
OF THE DESIGN

 KEEP A COPY OF THE DESIGN AS CREATED IN

YOUR FILE
  DONOT DISCLOSE OR PUBLISH THE DESIGN
BEFORE YOU HAVE FILED YOUR APPLICATION FOR
REGISTRATION

 TAKE CARE THAT YOU RIGHTLY

IDENTIFIED THE DESISN IN THE APPLICATION

 CHECK THAT THE REGISTRATION COVERES

THE NOVEL AND ORIGINAL CREATION
EFFECTIVELY TO FAVOUR MAINTAINING MARKET
EXCLUSIVITY
 ENSURE YOU PAY RENEWAL FEES AS AND WHEN
DUE
 IT IS A PROPERTY CAN BE SOLD,LICENSED AND
MORTGAGED.