The objective of the Design law in India is to strike a balance between
protection of registered designs and promotion of design activity. Design
protection is granted to new or original designs which appeal to the eye.
Registration of designs confers
significant commercial advantage on the owner. Application for registration of
a design must be filed before any commercialization or public display of the
article. Prior public display or commercialization can disentitle the owner.
Design registration takes
relatively less time to obtain compared to other forms of intellectual
property. The term of protection for a design is 10 years which can be further
renewed for a period of 5 years.
India is a signatory to the Paris
Convention for the protection of Industrial Property and the Agreement on Trade
Related Aspects of Intellectual Property Rights (TRIPS).
The Firm provides comprehensive
services including Prosecution, Enforcement and Advisory services. We handle
design prosecution covering everything from industrial products, handicrafts,
technical and medical instruments, watches and jewelry, houseware, electrical
appliances, automotive products, etc.
A registered design owner can file
a civil lawsuit for injunction to restrain infringement of a registered design.
Criminal remedies are not provided under the law.