The Design Act | salient features & Important Principles
keywords – Design Act, IPR, design protection, intellectual property
Written By – Sangamithra S
Introduction
The Design Act was designed to defend and preserve the distinctive industrial designs applied to certain goods produced through industrial procedures. Nowadays, every mechanical or commercial enterprise has its original, exclusive, and evident designs.
According to Section 2(d), “Design” refers to features such as shape, pattern, configuration, ornament, or composition of colours or lines that are applied in three dimensions, two dimensions, or both using any of the processes, whether manual, chemical, mechanical, separate, or combined, and that in the finished article appeal to or are judged entirely by the eye.
Thus, the creator or owner of the item will be granted an Industrial Designs Right under this demonstration. This Intellectual Property Right protects the visual plan, which includes the style, appearance, design, and so forth, of the contemporary item.
The Design Act of 1911 was employed in the past. In order to bring the Design Act up to par with international law, The Design Act, 2000 was made.
Nevertheless, it exempts:
Any construction method, principle, or object that is merely mechanical in nature, except any trademark as set out in clause (v) of sub-section (1) of section 2 of the Trade and Merchandise Marks Act, 1958;
The term “property mark” as used in section 479 of the Indian Penal Code, 1860, is not included.
Any artistic work as described in clause (c) of section 2 of the Copyright Act of 1957 is excluded.
Salient Features of the Act
- Based on the material that was utilised to create that material, a classification was formed.
- The design’s subject matter serves as the only foundation for the classification.
- ‘Absolute Novelty’ makes it possible to judge a novelty based on earlier publishing of any work.
- An object’s registration as a design can be restored.
- If there is any infringement, the severity of the punishment is increased.
- A registered design’s two-year confidential period is likewise nullified.
- Regulation of anti-competitive behaviour in licence agreements.
- Before registering a design, the laws governing application substitution are specified.
- Cases may be forwarded to the high court by the district courts, who also have the faculty and authority to do so.
- It incorporates the provisions relating to the controller’s authority being delegated to other controllers and the examiner’s responsibility.
Registration
Industrial design protection promotes fair competition in the sector by fostering innovation, creativity, and originality. A specific product’s design boosts both its marketability and monetary value. When a design is registered, the owner gains exclusivity, and the buyer can quickly tell that a product is associated with a certain brand. Registered designs can be utilised as a corporate asset to pay off debts or sold in the market.
The following prerequisites must be met for the design to qualify for registration under the Design Act of 2000 and receive legal protection:
- The feature of novelty
- There must be no earlier publishing of the design, and it must be original.
- Applying design to an article
- Design work shouldn’t conflict with India’s public morals, security, or order.
Section 10 of the Designs Act of 2000 states that once a design is registered, the copyright lasts for ten years.
Infringement
The grounds for design infringement or piracy are outlined in Section 22 of the aforementioned Act, and they may only occur when the design’s copyright is in effect.
A design is violated when,
- a registered design is used for commercial purposes without the registered proprietor’s permission or written approval;
- the design, or any evident or fraudulent imitation thereof, is applied to any object or class of articles for which the design has been registered, without the registered owner’s authorization.
- knowing that the design or any obvious or fraudulent imitation of it has been applied to any article in any class of articles in which the design is registered without the consent of the registered proprietor, one commits design infringement when they publish, expose, or cause to be published, exposed, or exposed for sale that article.
Both designs must be evaluated in order to determine whether a false or evident replica of the design has been made. To determine whether “fraudulent” / “obvious imitation” has occurred or not, the majority of decisions have relied on the test of judging by the eye.
Remedies for Design Infringement
The Design Act states in Section 22(2) that a person who violates the design is liable. The same provision also offers the registered owner recourse for design infringement. Consequently, the following is the liability of the party who breaches the aforementioned Act:
- The Design Act’s Section 22 (2) (a) requires the offender to pay Rs. 25,000 for each violation. The whole sum must equal Rs. 50,000. The aforementioned sum is for the infringement recovery;
- According to Section 22(2)(b), the registered design owner has specific rights that allow for the recovery of damages and the holding of violators accountable.
For instance, the Bombay High Court made a decision about Section 22 of the Act, which allows lawsuits against “any individual” in this section, in Videocon Industries v. Whirlpool of India Limited. A registered owner may be prohibited from using a registered design by an order of injunction issued by the High Court in accordance with Section 22 of the Design Act or by the Controller in accordance with Section 19 of the Design Act, depending on the specifics of the case. Consider a certified owner does not request their design be added to a product that is being sold or connected to the sale indicated above. Another registered owner cannot use Section 22 in that situation.
As a result, only the use of the disputed design is qualified for the Section 22 remedies for Design Infringement. The infringement suit of a registered design extends against any person who would incorporate a registered owner, as demonstrated in Section 22 and sub-sections 1 to 3 in particular. Hence, the owner of a registered design may sue the infringers for the same. To compensate for the loss that the registered owner experiences, liability is imposed on the violators. Additionally, the owner must mark all products covered by a registered design in order to move the design infringement process along.
Conclusion
Design is therefore a type of intellectual property that describes mental creations like designs for industrial objects that are eventually employed in commerce. It is the end product of an individual’s intellectual pursuits. Once a design is registered, the registered proprietor has the legal right to file a lawsuit, in a court no lower than the District Court, against individuals who violate the design, in order to cease such exploitation and recover any damages that are legally owed to them. Please be aware, nonetheless, that if the design is not registered under the Designs Act of 2000, there will be no legal basis for taking legal action against the infringer in accordance with the Act’s provisions.
References
Das, S. (2021). Design Infringement; www.iiprd.com.
Kholia, P. (2021, April 6). [Law Notes] The Designs Act of 2000 | IPR by Priyanshi Kholia; www.mylawman.co.in.
Nambiar, H. & Krishnaa, S. (n.d.). Design act, 2000. Legal Service India – Law, Lawyers and Legal Resources.
Nanadikar, P. (2021, November 28). Steps involved in registration of Design Act, 2022
Pal, C. (2020). Industrial Design – An Imperative IP Right.
Singh, K. (2021, December 31). What are the Remedies for Design Infringement? – An Overview. Swarit Advisors;
