DESIGN ACT, 2000.

1. INTRODUCTION

The Design Act 2000, was an act created by the Indian legislation in order to regulate and safeguard industrial designs. This act was enacted to foster and encourage creativity and innovation, and offered legal protection to novel and original designs while establishing mechanisms for their registration and rights enforcement. This act delineates the criteria for registrable designs, emphasizing originality and distinguishability, and barring functional designs. Applicants would have to submit detailed representations of their designs, which is then subjected to rigorous examination by the Controller of Designs to ensure compliance with prescribed standards. This act facilitates international recognition and also outlines provisions for infringement, remedies, oppositions, and cancellations which in return provides a balanced environment for design rights[1]. A broad outline of its provisions is as follows-

1.1 Definitions

This Act defines crucial terms related to designs, registrable designs, design piracy, and other relevant concepts. It encompasses designs that include features of shape, configuration, pattern, ornament, or composition of lines or colours applied to any article[2].

1.2 Registration Process

This act states that any person claiming to be the proprietor of a new or original design can file an application with the Controller of Designs. However, this design must be novel, ie., the design should not have been published or previously disclosed in India or elsewhere prior to the date of the application. The design should possess original features, distinguishing it from known designs or combinations of known designs. It should have an industrial application, meaning it can be applied to articles and produced by industrial means. Applicants must provide representations or drawings that clearly depict the design and its specific features. This design is then examined by the Controller of Designs to ensure that it meets the standards mentioned above. Upon acceptance, it is then published in the official Gazette and there is also a period of opposition after publication during which third parties can object to registration[3].

1.3 Duration and Renewal

Initially a registered design is protected for ten years from the date of registration. This period serves to safeguard the exclusive rights of the designer's proprietor. The registered proprietor has the option to extend the protection for an additional five years by applying for renewal. To renew the registered design beyond the ten-year term, the proprietor must submit a renewal application to the Controller of Designs. And the application for renewal must be applied for within the prescribed period, typically before the expiration of the ten-year protection term. The payment for the designated renewal fees is mandatory for the extension of the protection for the additional 5 years. If the proprietor fails to apply for renewal or pay the requisite fees within the stipulated time, the design's protection ceases after the initial ten-year period. Renewal of the design is crucial to maintain the exclusive rights and protection granted to the design proprietor. Failure to renew within the specified timeframe may result in the loss of rights and leave the design unprotected.

1.4 Rights of Proprietor

The registered proprietor holds exclusive rights to use the design for which registration has been granted. This exclusivity extends to preventing others from using, copying, or replicating the design without authorization or protection. That being said, The proprietor has the authority to license or authorise others to use the registered design and also granting permission for its utilisation in specific contexts or by particular parties. This act provides legal provisions for enforcing these rights. In case of unauthorised use or infringement, the proprietor has the right to take legal action to protect their design which is covered by CHAPTER V of the Design Act 2000[4]. This section also talks about the piracy of the registered design and the application of certain provisions of the Act as to patents to design. And acts to infringe may include making, importing, selling, or applying the registered design without the proprietor's consent. In cases of infringement, the registered proprietor is entitled to seek remedies such as injunctions to stop unauthorised use, damages to compensate for losses incurred due to it, and accounts of profit derived from the unauthorised use of the design. The registered proprietor also holds the rights to transfer or assign their rights in design to others. This could involve selling, or transferring ownership through agreements or contracts. These exclusions remain valid for the duration of the design's registration, which initially spans ten years and can be extended for an additional five years upon renewal.

1.5 Cancellation and opposition

Grounds for cancellation include instances where the registered design lacks novelty, was published or disclosed before the application date, is contrary to public order and morality, and/or falls under designs excluded from registration. The process of cancellation is basically just to apply for the cancellation of a registered design with the Controller of Designs. The opposition process is typically filed before the Controller of Designs, presenting detailed arguments and evidence supporting the opposite grounds. The controller then examines the cancellation or opposition petition thoroughly, considering the evidence and legal arguments presented. Decisions made by the Controller can be appealed to higher authorities or tribunals specialised in intellectual property matters. Cancellation and opposition processes involve legal processes and successful operations result in nullification or cancellation of the design's registration, rendering it void and no longer protected under the act. This is also expanded and explained in Section 19 of the act[5].

2. CONCLUSION

The Design act of 2000 in India stands as a pillar which safeguards innovation and creativity in industrial design. It provides a sturdy framework for the registration, protection, and enforcement of design rights, and also helps in fostering an environment conducive to creativity and economic growth. This act emphasizes the importance of novelty, originality, and industrial applicability, in determining the designs for registration. It grants exclusive rights to registered proprietors, empowering them to safeguard their designs against unauthorised usage or replication. The act's provisions for infringement, remedies, cancellation, and opposition ensure a balanced approach to protecting both the rights of the proprietors and interests of the public. By aligning with international standards and allowing priority claims from convention countries, the Act supports global cooperation in design protection. It also has amendments and evolves practices that continually refine and adapt the Act, reflecting changes in technology, industry, and global trends. Overall, the Design Act of 2000, serves as a cornerstone in fostering a culture of creation, protecting property rights, and promoting the growth of industries reliant on innovative design, therefore contributing significantly to India's economic and creative faces.

3. CITATIONS

1. THE DESIGN ACT, 2000, available at (https://www.indiacode.nic.in/bitstream/123456789/1917/1/200016.pdf), last visited (29-12-2023).

2. Section 2 in the Designs Act, 2000, available at (https://indiankanoon.org/doc/1437994/), last visited (29-12-2023).

3. CHAPTER II, registration of designs, available at (https://www.indiacode.nic.in/bitstream/123456789/1917/1/200016.pdf), last visited (29-12-2023).

4. CHAPTER V, legal proceedings, available at (https://ipindia.gov.in/designs-act-2000.htm), last visited (29-12-2023).

5. Section 19 in the Designs Act, 2000, available at (https://indiankanoon.org/doc/187077/), last visited(29-12-2023).