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Design Registration in Bangalore

Monday, 17-May-2021

The Law on Designs


A design is defined as, "the appearance of the whole, or part of a product resulting from the features of, in particular, the lines, contours, colours, shape, texture and/or its ornamentation". The designs apply to the appearance and not be entitled to protection of components unless the component remains visible during the product's normal use. It should be an industrial or handicraft product but excludes computer program, complex products where it is composed of multiple components that be replaced and re- assembly of the product is also allowed.

 

The first designs legislation enacted in India was the Patterns and Designs Protection Act, 1872. It was enacted as a supplement to the Statute Act 15 of 1859. Passed by the Governor-General of India in Council which for the first time made provision for granting to inventors of new manufacture. The exclusive privilege of making, selling and using the invention in India or authorizing others to do so for a term of years as specified. The Inventions and Designs Act, 1898, which consolidated and amended the law relating to the protection of inventions and designs contained provisions relating to designs separately. The British Patents and Designs Act, 1907, became the basis of the Indian Patents and Designs Act, 1911. The patents provisions of the Indian Patents and Designs Act, 1911 were repealed by the Patents Act, 1970 updating and consolidating the Patents law. The design provisions of the Indian Patents and Designs Act, 1911 continued, with some consequential amendments with the title as the Designs Act, 1911.

 

The changes that have taken place on account of science and technology called for amendments in the existing regulatory framework in order to ensure effective protection to the registered design. The competitive spirit for the promotion of global trade also required changes in the Designs Act, 1911. In this backdrop, the Designs Bill, 1999 was placed in Parliament to give greater protection to industrial designs. The Bill received the assent of the President on 25th May, 2000. 



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