FICPI INFORMATION no.49
   
by Mr Chadrakant M. Joshi
FICPI member - India

 
INDIAN DESIGN ACT, 2000

 

 

Important changes have been recently made in the Indian Design Act, 1911. This act has been replaced by the Design Act, 2000.

"Design" has now been defined as only the features of shape, configuration, pattern, ornament or composition of lines or colours applied to any article whether in two dimensional or 3D or in both forms. The Design should be new and original and has not been disclosed to the public in India or any other country.

Application for Design registration can be made in any class by the proprietor of the Design. Registration is granted only in one class. The proprietor of the Design shall have copyright in the Design during 10 years from the date of registration. This period can be extended by 5 years if application is made before the expiry of 10 years. There is also a provision for restoration of a lapsed Design provided an application is made one year from the date on which the Design ceased to have effect.

India has now become a member of WTO and Paris Convention and has also signed the Patent Cooperation Treaty (PCT). As a result, any of the members can now claim priority rights in respect of Designs.



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