📘 DESIGN ACT, 2000 — A COMPLETE SECTION-WISE BLOG WITH LANDMARK CASE LAWS
🔷 Introduction
The Designs Act, 2000 replaced the Designs Act, 1911 and modernized Indian design law in line with international standards such as the TRIPS Agreement.
The Act protects aesthetic, non-functional features of an article—its shape, configuration, pattern, ornamentation, or composition of lines or colours.
This blog provides:
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Section-wise explanation
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Latest design law principles
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Landmark case briefs
📌 CHAPTER I: PRELIMINARY
⭐ Section 2 — Definitions
Important terms:
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Design [Sec. 2(d)]: Only the aesthetic or visual characteristics of an article, not its functional aspects.
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Article [Sec. 2(a)]: Any object manufactured by an industrial process.
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Original: Not previously published anywhere in the world.
Landmark Case
💼 Bharat Glass Tube Ltd. v. Gopal Glass Works Ltd. (2008)
Principle:
A design must be new, novel, and non-functional. Designs applied on glass sheets were held registrable as they gave visual appeal, not mechanical utility.
📌 CHAPTER II: REGISTRATION OF DESIGNS
⭐ Section 3 — Prohibition on Registration of Certain Designs
A design cannot be registered if:
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Not new or original
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Already published
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Contrary to public order
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Contains obscene matter
Case:
💼 Microfibres Inc. v. Girdhar & Co. (2009)
Principle:
Copyright in a design ends once it is registered under the Designs Act or applied industrially.
⭐ Section 4 — Registration
Application is made to the Controller. Design must be:
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New
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Original
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Applied to an article
⭐ Section 5 — Application and Registration Process
Steps:
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Filing
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Examination
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Objections
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Acceptance
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Registration in the Register of Designs
⭐ Section 6 — Registration in Class
Designs are registered in their respective classes based on the Locarno Classification.
⭐ Section 10 — Register of Designs
Record of:
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Design number
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Proprietor details
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Class
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Date of filing
⭐ Section 11 — Copyright in Registered Design
Duration:
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10 years from registration
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Extendable by 5 more years
📌 CHAPTER III: PROVISIONS FOR RESTORATION / CANCELLATION
⭐ Section 19 — Cancellation of Registration
A design may be cancelled if:
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Not original
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Published earlier
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Not registrable
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Not a design as per Section 2(d)
Case:
💼 Reckitt Benckiser India Ltd. v. Wyeth Ltd. (2013)
Principle:
If a design has been previously disclosed, even through advertising, it becomes ineligible for design protection.
📌 CHAPTER IV: LEGAL PROTECTION AND REMEDIES
⭐ Section 22 — Piracy of Registered Design
This is the most important section.
A person commits piracy if they:
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Apply a registered design without license
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Imitate a design
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Sell articles with unlawfully applied design
Penalty (Civil Liability):
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Upto ₹25,000 per infringement
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Maximum ₹50,000 per design
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Suit for injunction + damages + delivery up of infringing goods
Landmark Cases Under Section 22
💼 Whirlpool of India Ltd. v. Videocon Industries (2014)
Issue: Washing machine body design
Held:
Minor variations do not amount to originality. Whirlpool’s washing machine design was held original and protected.
💼 Castrol India Ltd. v. Tide Water Oil Co. (2012)
Issue: Container design similarity
Held:
If overall shape or visual appearance is similar, piracy is made out even if functional aspects differ.
💼 Dabur India Ltd. v. Amit Jain (2009)
Issue: Imitation of Dabur’s honey bottle design
Held:
Design gives visual identity, and copying shape amounts to infringement.
📌 CHAPTER V: MISCELLANEOUS
⭐ Section 30 — Assignment
Designs can be:
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Assigned
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Transmitted
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Licensed
⭐ Section 35 — Evidence of Documents
Certified copy of design register entries is admissible in court.
📌 KEY PRINCIPLES UNDER THE DESIGNS ACT, 2000
✔ A design must be new and original
✔ It protects aesthetic, not functional features
✔ Prior publication destroys registrability
✔ Registration gives monopoly rights for 15 years
✔ Similarity is judged by the eye of the customer
📘 Conclusion
The Designs Act, 2000 plays a crucial role in promoting innovation in industrial and artistic sectors by protecting visual appeal and aesthetic creativity. With rising competition in consumer products, design protection is essential for brand identity and market differentiation.
Landmark cases such as Bharat Glass, Microfibres, and Whirlpool continue to guide Indian design jurisprudence.