1. What can be registered as design in India ?

The application of shape, configuration, pattern or ornament or composition of lines or colour or combination to any article is registrable as design. It may be two dimensional or three dimensional or in both forms provided it should not include any trade mark, property mark or artistic works.

2. What is the purpose of design registration?

Sometimes purchase of articles for use is influenced not only by their practical efficiency but also by their physical appearance. The purpose of design Registration is to see that the artisan, creator, originator of a design having aesthetic look is not deprived of his bonafide reward by others applying it to their goods.

3. What are the essential requirements for the registration of ‘design' under the Designs Act, 2000 ?

The design should be new or original, should relate to features of shape, configuration, pattern or ornamentation applied or applicable to an article, should be applied or applicable to any article by any industrial process, should be visible on the finished article for which it is intended, should not include any Trade Mark or property mark or artistic works as defined under the Copyright Act, 1957. The novelty may reside in the application of a known shape or pattern to new subject matter.

Illustration: The known shape of "Taj Mahal" when applied to a tea container the same is registrable.

4. What is the effect of registration of design?

The registration of a design confers upon the registered proprietor ‘Copyright' in the design for the period of registration. It means the exclusive right to apply a design to the article belonging to the class in which it is registered.

5. What is the duration of the registration of a design? Can it be extended?

The duration of the registration of a design is initially ten years from the date of registration, but in cases where priority is claimed, the duration is ten years from the priority date. This initial period of registration may be extended by further period of 5 years on an application.

6. Is it possible to re-register a design in respect of which Copyright has expired?

No. A registered design, the copyright of which has expired cannot be re-registered.

7. What is piracy of a Design?

Piracy of a design means the application of a design or its imitation to any article belonging to class of articles in which the design has been registered for the purpose of sale or importation of such articles without the written consent of the registered proprietor.

8. Can I register my painting or sculpture as design?

No, because an artistic work i.e., painting, sculptures, drawing, photograph, a work of architecture or craftsmanship is subject matter for registration under the Copyright Act, 1957.

9. Can I register my design in foreign countries?

Yes, a design can be registered in all the countries which are parties to the Paris Convention.