Maarg Manthan · Topic 18.4

Industrial Designs

Science & Technology › Intellectual Property Rights (IPR) · Topic 18.4

An industrial design protects the visual, aesthetic features of an article, namely its shape, configuration, pattern, ornament or composition of lines or colours, applied to an article by any industrial process, which appeal to the eye in the finished article. It does not protect the method of construction or the function of the article. In India the law is the Designs Act, 2000, with the Designs Rules, 2001, which replaced the Designs Act, 1911. A design must be new or original and not published or disclosed anywhere before filing. A registered design gets protection for 10 years from registration, which can be extended by 5 years, giving a maximum of 15 years. Registration is done at the Patent Office in Kolkata. Designs are classified under the Locarno Classification.

5 min read · UPSC Prelims · Science & Technology · Intellectual Property Rights (IPR)

At a Glance

Law Designs Act, 2000
Protects Shape, pattern, ornament
Term 10 years plus 5
Office Kolkata
Classification Locarno
Exam link UPSC Prelims, Science & Technology: Intellectual Property Rights (IPR)

Where Does It Fit?

This topic follows the account of patents. Designs protect how a product looks and sit between copyright, for art, and patents, for function, making them a common pointer in IPR questions. Previous topic: Patents. Next topic: Trade Secrets.

What Is Protected as a Design and How Long?

Aspect	Details
Meaning	Features of shape, configuration, pattern, ornament or composition of lines or colours applied to a two or three dimensional article, judged by the eye
Excluded	Mode or principle of construction, any trademark, property mark or artistic work covered under the Copyright Act
Requirements	New or original, not previously published in India or elsewhere, significantly distinguishable from known designs, and not contrary to public order
Law	The Designs Act, 2000 and the Designs Rules, 2001 replaced the Designs Act, 1911 to meet TRIPS standards
Registration	Application to the Design Wing of the Patent Office in Kolkata, with branches at Delhi, Mumbai and Chennai. The Controller of Designs examines it
Term	10 years from the date of registration, extendable once by 5 years, so 15 years in all
Classification	Locarno Classification, an international system of classes for designs

Rights: the owner has the exclusive right to apply the design to articles in the class and to sell them
Piracy of design: copying a registered design without permission is piracy, with a civil remedy of damages up to Rs 25,000 for each contravention, subject to a limit of Rs 50,000 for one design in one suit
Copyright overlap: under Section 15 of the Designs Act, if a design capable of registration is applied to more than 50 articles by an industrial process, copyright in it ceases
Examples: shapes of bottles, mobile phone bodies, furniture, jewellery and textile patterns
Prior publication: showing a design in public before filing can destroy novelty
Cancellation: a registration can be cancelled on grounds such as prior publication
International: Paris Convention priority of six months for designs
Hague system: an international design filing system, which India has not joined, though proposals have been considered; check the latest position

What Else Should You Remember?

Aesthetic and functional: only the look is protected, while a function is for a patent
Utility models: some countries protect small technical improvements by utility models, which India does not have
Registration needed: unregistered designs have little protection, except for passing off
Trademark link: a shape that identifies a brand can also be a trademark, as in Trademarks
Copyright link: artistic works are protected by copyright, as in Copyrights
Textile designs: a big share of Indian filings
Digital designs: screen icons and graphical user interfaces can be registered in some countries
Fees: lower for small entities and start-ups
Number of filings: Indian design filings have grown steadily, with about 20,000 or more a year
Case law: courts consider the overall impression on an informed consumer
Handicrafts: craft designs may qualify as designs, and craft clusters seek protection through GI tags
Geographical Indications: see Geographical Indications
Design education: National Institute of Design, Ahmedabad, set up in 1961
National IPR Policy: encourages design filing, as in National Intellectual Property Rights Policy
Designs Rules amendments: rules were amended in 2021 and 2024 to add small entity and start-up benefits
Enforcement: district courts and high courts hear suits
Caution: numbers of filings change every year
Design pirates: copying by small units is common in textiles and toys
Exhibition: showing a design at an official exhibition gives a grace period
Priority claim: an Indian filing can claim priority in other Paris Convention countries within six months
Furniture and auto parts: auto spare parts designs have been the subject of many lawsuits
Fashion: designers rely on design registration and copyright
Customs recordal: owners can request customs help against imports of copied products

Why Does It Matter for the Exam?

Act and year: 2000
Term: 10 plus 5 years
Protects: aesthetic features only
Current affairs link: design filing growth
Common errors: saying designs protect function or that term is 20 years

As an analytical point, design protection rewards the look of products that attract customers, and helps craft and manufacturing sectors. Because it needs registration, awareness among small producers is key.

Why Is This Topic Important?

Protects Looks
Term 15 years
Law 2000 Act

What Came Next?

The next topic covers trade secrets. Next topic: Trade Secrets.

Key People and Terms

Design Aesthetic features of an article
Locarno Design classification
Piracy Copying a registered design
Novelty Newness
Configuration Arrangement of features
Controller of Designs Examining authority

Exam Corner

Points to Remember

Designs Act: 2000; earlier Act 1911.
Term: 10 + 5 = 15 years.
Office: Kolkata.
Classification: Locarno.
Protects looks, not function.

Do Not Confuse With

Design and patent Appearance versus function
Design and trademark Look of article versus brand identifier
Design and copyright Registered industrial look versus artistic work

Memory Hook

Two-thousand Act, ten plus five, protects only what the eye sees.

Mains Angle

Questions ask for the Act, term and what is protected. These points help.

Scope Aesthetics
Term 15 years
Use Crafts, industry

A Question You May Face

An original practice question, not a past paper question.

“Explain the legal protection for industrial designs in India and distinguish it from patents and copyright.”

How to Answer

Meaning Features.
Law 2000 Act.
Compare Patent, copyright.
Gaps Awareness.

GS Relevance

Prelims: Act, term, what is protected, classification. GS Paper 3: IPR.

Frequently Asked Questions

What is an industrial design?

An industrial design is the set of aesthetic features of an article, such as its shape, pattern, ornament or colour scheme, that make it look attractive and can be judged by the eye. It protects the appearance of a product, not how it works or is made.

What is the term of protection for a registered design in India?

Under the Designs Act, 2000 a design is protected for 10 years from the date of registration. The term can be extended once for another 5 years on payment of a fee, so the maximum protection is 15 years. After that the design falls into the public domain.

What can be registered as a design?

A design that is new or original, has not been published or used anywhere before the date of filing, and is applied to an article by an industrial process can be registered. Examples include shapes of bottles, patterns on fabrics and bodies of electronic gadgets. Methods of construction and trademarks are excluded.

What is the difference between a design and a patent?

A design protects how a product looks, its shape and pattern, for up to 15 years, while a patent protects a new invention that works in a new way, for 20 years. A product can have both, such as a new engine with a new shape.

Where are designs registered in India?

Designs are registered at the Design Wing of the Patent Office in Kolkata, headed by the Controller of Designs, and applications can also be filed at the branch offices at Delhi, Mumbai and Chennai. Online filing is available.

PYQ Practice — Statement Analysis

1 The Designs Act was passed in 2000.

True

Replacing the 1911 Act.

2 A registered design in India can be protected for 20 years.

False

The maximum is 15 years.

3 Designs protect the function of an article.