DESIGNS
A design right protects the distinct appearance of a product, by providing a monopoly over the design of the product. Conception of a design requires investment of considerable amount of time and capital and plays an important role in the sales of the product by shaping a buyer’s preference for that article.
Under the Indian Designs Act, 2000 only those designs that are new or original are a subject matter of design registration in India. A design cannot be registered if it is not significantly distinguishable from known designs or combination of designs. Under design registration law, the proprietor gets returns on the investment that it had made in developing the design.
Benefits of Design Registration
Exclusive Rights
When you register a design, only you are legally allowed to use it. This means no one else can make, sell, or import products that copy your design without your permission.
Legal Protection
Registration gives you strong legal support. If someone copies your design, you can take legal action against them, ask the court to stop them, and claim compensation for your losses.
Increased Commercial Value
A registered design becomes a valuable business asset. It can increase the overall value of a company and can be licensed or sold to others for extra income.
Enhanced Brand Identity
A unique design helps customers recognize your brand easily. When people associate a specific look with your business, it builds trust, loyalty, and can lead to higher sales.
Competitive Advantage
Design protection stops competitors from copying your product’s appearance. This helps your business stand out in the market and maintain a stronger position.
Promotes Innovation
Knowing that designs are protected encourages designers and companies to invest time and money in creating new and original ideas without fear of them being copied.
Global Expansion
Registered designs can be protected in other countries through international agreements. This makes it easier to expand your business into global markets safely.
Fair Return on Investment
Design protection ensures that the effort, creativity, and money spent on developing a design are rewarded, rather than lost to copycats who try to profit from your work.
