Design refers to the features represented by shape, pattern, configuration, ornament or composition of colors or lines of an article or entity, which is judged only by its aesthetics.1

On 25th January 2021, the Department for Promotion of Industry and Internal Trade (DPIIT) has published the Designs (Amendment) Rules 20212

AMENDMENTS IN DESIGNS RULES

The DPIIT has amended Design Rules for the filing of Designs by the Startups and included Startup in the definition.

Fees for Two Categories of Applicants:

  1. Natural Person
  2. Other than Natural Persons- small, entity, or others except Small Entity

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PROCEDURE FOR DESIGN APPLICATION UNDER DESIGN RULES 2021

  1. Indian Entity
  2. For an Indian entity to claim the status of a startup, it must be a recognised as a startup by the competent authority under Startup India initiative.
  3. The applicant must possess DPIIT Certificate.
  4. Foreign Entity

However, in case of a foreign entity, an entity fulfilling the criteria for;

  1. Turnover and period must have incorporation or
  2. registration as per Startup India Initiative and
  3. Submitting declaration to that effect,3

CHANGE IN CLASSIFICATION OF APPLICANTS

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Conclusion

In India, for a design to be registered and protected, it has to be an original and a new design, implying that there should not exist a previous publication of the same or similar design, in any country prior to the application date of registration.

Footnotes

1 Section 2(d) of the Design Act, 2000

2 Vide notification of the Government of India in the Ministry of Commerce and Industry (Department for Promotion of Industry and Internal Trade) G.S.R. 798(E), dated 18th October, 2019, in the Gazette of India, Extraordinary

3 Form 24 under Section 7 of the Design (Amendment) Rules, 2021

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