INDUSTRIAL DESIGNS

• Industrial Designs

Industrial Designs that are new or original can be registered in India. Designs which have been disclosed to the

public anywhere in India or in any other country by publication in tangible form or by use or in any other way prior

to the filing date, or where applicable, the priority date of the application for registration. Further no copyright in

the design shall vest in Applicant if more than 50 copies of the design has been manufactured commercially.

A design is not registrable if it is not significantly distinguishable from known designs or combination of designs

or if it comprises scandalous or obscene matter

• Types of Design Applications in India

Design application in India can be classified under two categories depending upon their priority claim:
1. Ordinary design application without any priority

2. Conventional design application- has to be filed within 6 months from date of filing of conventional application

• Design filing requirements in India

Following are the basic requirements for filing of a Copyright application in India:
1.Name, address, nationality and particulars of the applicant (whether individual, society, trust, partnership

firms or company)
2.Class & Subclass according to Locarno classification
3.Title of the Article
4. Nature of applicant’s interest in copyrighting the work
5.

6 sets of Photographs/ drawings/ tracing with various views (top, bottom, front, back, side/s and perspective

views) of size at least 13 by 10 cms, if by provided by print, in case of by email only one se
6. Statement as to novelty
7. Representations illustrating the views of the article wherein the originality resides
8. Power of authority in favour of Indian Attorney/ Advocate, to be stamped in India. It may be filed later (before

or along responding to official letter).

• Conventional Design filing requirements in India

Following are the basic requirements for filing of a Copyright application in India
1. Name, address, nationality and particulars of the applicant (whether individual, society, trust, partnership firms

or company)
2 Class & Subclass according to Locarno classification
3 Title of the Article
4 Nature of applicant’s interest in copyrighting the work
5 sets of Photographs/ drawings/ tracing with various views (top, bottom, front, back, side/s and perspective views)

of size at least 13 by 10 cms, if by provided by print, in case of by email only one set
6 Statement as to novelty
7 Representations illustrating the views of the article wherein the originality resides
8 Details of priority, if any, including application number, date of filing and country of filing. Certified copy of the priority

document has to be filed within 3 months from the date of filing of application in India
9.Power of authority in favour of Indian Attorney/ Advocate, to be stamped in India. It may be filed later

(before or along responding to official letter). Notarisation or legalisation is not mandatory

• Design prosecution in India

The following defences are available in India as a defence in Patent Infringement:

1. Any of the grounds under which Patent can be revoked

2. By govt of India or for Govt. of India for its own use

3. Experiment or research

4. Imparting instructions to pupils

5. For Patent in respect of Medicine or drug, for its own use of Govt. of India, for distribution in Govt. Dispensary and

hospitals

or by gazette notifications to other dispensaries, hospitals and medical institutions

6. Enforcement of Copyright India is a member of the Berne Convention and TRIPS, therefore owner of copyright from

another member country will get same copyright protection in India. However, the duration of copyright shall not exceed

the original duration in the member country

7. Infringement of copyright Copyright in a work is deemed to be infringed when any person, without a license

granted by the owner of the copyright does anything, the exclusive right to do which is by the Act conferred upon the owner

of the copyright.

• Term of Design

The term of registration of copyright in Design is for 15 years in total. The registration is valid initially for a term of 10 years

and can be renewed for a further period of another 5 years.Renewal of designs
A registration of design can be renewed for a further period of 5 years after expiry of initial registration of 10 years.