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Design Law in India
For more than 37 years, the design law experts at LEXQUAL, have been involved in advising on design registration, design enforcement, and strategic use of design rights across jurisdictions. Industrial design law plays a key role in protecting the visual and aesthetic aspects of articles, products, ensuring originality, non-functionality, and competitive advantage.
Our key design practice areas include:
- Design Searches & Novelty Analysis– Our Design Team will conduct design search and analysis to check whether the design is novel and distinctive before filing.
- Design Application Filing– Preparing and submitting design applications under the Indian Designs Act, 2000.
- Design Prosecution & Office Actions– This involves responding to objections raised by the Designs Office and also our Design attorneys represent clients in design hearings and design appeals.
- Design Renewals & Maintenance– To ensure continued protection, our Team manages design renewals, wherein the initial protection is for 10 years and extendable by 5 years.
- Design Litigation & Design Enforcement– Our IP litigation and enforcement team handles design infringement disputes, cease-and-desist notices, and corresponding court actions.
- Design: Global Protection– With our associate networks we have been successful in extending design rights and design protection across jurisdictions.
- It is noteworthy to mention here that the Firm’s design team under the able leadership of Mr. Vikrant Rana, Managing Partner at the Firm, has been able to assist several startups and MSME’s in securing, protecting and enforcing their design rights in India. One of our clients, APALA, a leading handcrafted silver jewelry brand from New Delhi , is ranked among the Top 10 Design Filers in India in the Annual Report of IPINDIA (2024-25). APALA has been recognized among the Top 10 Indian Applicants for Design Registration securing an impressive 6th position with 188 design applications field in the financial year 2024-2025.
Design Law and Rights in India
Design is a feature of shape, configuration, pattern, ornament or composition of lines or colors applied to any article whether in two dimensional or three dimensional or in both forms, by any industrial process or means, whether manual, mechanical or chemical, separate or combined, which in the finished article appeal to and are judged solely by the eye; but does not include any mode or principle of construction or anything which in substance a mere mechanical device, and does not include any trade mark, property mark or artistic work.
A hope for GUI registrations in India
Design right is a territorial statutory right (enforceable only upon registration of said design), which allows the proprietor to prevent others from producing, importing, selling or distributing products having an identical appearance or a fraudulent or obvious imitation. The Indian Intellectual Property Office (IPO) is the primary office, which comprises of the Trade Marks Registry, The Patent Office, and The Designs Office in India. The Designs Office has its head office at Kolkata and the other Branches of the Patent Office only function to accept design applications but all technical examination is conducted at the Kolkata Office. The filing, prosecution and registration of Industrial Designs in India is governed by the Design Act, 2000 and corresponding Rules- Design Rules, 2001. Any person or his legal representative or assignee can apply for registration of design. On registration the registered proprietor acquires statutory rights over the registered design and can protect the design against infringement from a third party.
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What is Patent Registration?
Patent registration is the legal process through which an inventor obtains exclusive rights to their invention for a specified period, usually 20 years from the filing date in India. A patent prevents others from manufacturing, applying, selling, or importing the patented product or process without the owner’s permission.
This legal process ensures an invention is new, involves an inventive step, and is capable of industrial application, granting the owner legal ownership. In short, a patent protects the way an invention works, process, or method of manufacture.
