Protecting Product Aesthetics: Understanding India’s Design Laws

In today’s competitive marketplace, the visual appeal of a product can be a key differentiator for businesses. The look, shape, color, and ornamental features of a product play a significant role in attracting customers. To safeguard these aesthetic elements, India offers legal protection under the Designs Act, 2000 and Designs Rules, 2001 (as amended in 2021). This protection helps businesses maintain their competitive edge and prevent unauthorized imitations.

What Qualifies as a Design?

Under Section 2(d) of the Designs Act, a "design" refers to the features of shape, configuration, pattern, or ornamentation applied to an article, whether two-dimensional or three-dimensional, by an industrial process. These designs must appeal to and be judged solely by the eye. Importantly, the protection offered by the Act covers only aesthetic aspects, excluding any functional features or mechanical devices. Designs must also be distinct from trademarks, property marks, and artistic works covered by copyright law.

Registration Process and Documentation

The registration process involves submitting Application Form-1, a Power of Attorney (POA), and representation sheets showing different views of the article with the novel design. The application should also include details about the class of articles for which the design protection is sought, and if necessary, a certified copy of any foreign priority document. Once approved, the design is registered, granting the proprietor protection from copying or imitating the design for an initial period of 10 years, extendable by an additional 5 years, with payment of necessary fees.

Legal Protection Against Design Piracy

The Designs Act protects registered designs from piracy under Section 22. It prohibits any unauthorized application of the registered design or its fraudulent imitation for sale purposes. The Act also bars importing or publishing articles with an imitation of the registered design.

Design Registration vs. Product Patent

Patent protection is granted for inventive features of a product that arise from technological advancements and contribute to its functionality. In contrast, design registration focuses exclusively on aesthetic features -the visual appeal of a product. While a patent protects an invention’s functional aspects, a design registration safeguards the product’s appearance. For businesses, it’s important to understand that patents and design registrations cover distinct areas of intellectual property, with patents protecting how a product works and designs protecting how it looks.

Design Registration vs. Copyright Registration

Copyright protection typically applies to artistic works, including sketches and drawings. For example, the Copyright Act may protect a drawing of a product’s design, but the Designs Act protects the actual physical manifestation of that design when applied to a product. There is, however, an important overlap to consider. Section 15(1) of the Copyright Act, 1957 states that any design registered under the Designs Act is exempt from copyright protection. Furthermore, once a product with a copyrighted design is reproduced more than 50 times, copyright protection ceases unless registered under the Designs Act, leaving the design vulnerable unless it is registered under the Designs Act.

In summary, for businesses seeking to protect their product’s visual appeal in India, design registration offers robust legal protection against imitations. Understanding the distinctions between design, patent, and copyright protections ensures that companies can adequately safeguard both the functional and aesthetic aspects of their innovations.