Intellectual Property Rights - Law and Practice · Types of Intellectual Property

Industrial Designs under the Designs Act, 2000

Updated 11 October 2026 · Fact-checked

An industrial design is the visual look of an article: its shape, configuration, pattern, ornament or lines and colours, judged by the eye. The Designs Act, 2000 protects it if it is new or original and not previously disclosed. Registration gives 10 years of rights, extendable by 5 years. To solve questions, test the definition, the bars to registration, then rights.

Understand Industrial Designs

A design protects how a product looks, not how it works. A uniquely shaped chair, a pattern on a tile or the contour of a bottle can be a design. The way the chair is made or what it does is for patent law.

The Designs Act, 2000 defines design as only the features of shape, configuration, pattern, ornament or composition of lines or colours applied to an article, in two or three dimensions or both, by any industrial process or means, which in the finished article appeal to and are judged solely by the eye. Two parts matter. The feature must be applied to an article, and it must be visible and judged by the eye.

The definition leaves out some things. A mode or principle of construction, or anything that is in substance a mere mechanical device, is not a design. A trade mark, a property mark and an artistic work under the Copyright Act are also outside it. This is how the law keeps designs apart from patents, trade marks and copyright.

Even a valid design cannot be registered in some cases. It must be new or original and must not have been disclosed to the public in India or abroad, by publication or use or in any other way, before the filing date or priority date. It must be significantly distinguishable from known designs or combinations of known designs. It must not contain scandalous or obscene matter.

On registration, the proprietor gets copyright in the design. This is the exclusive right to apply the design to any article in the class in which it is registered. The initial term is 10 years from the date of registration. It can be extended by 5 years if you apply before the first period expires. The maximum is 15 years. Piracy of a registered design under section 22 attracts civil remedies only (a contract debt, or damages and an injunction). The Act does not make piracy itself a criminal offence.

Key rules to remember

Definition of design: Design = features of shape, configuration, pattern, ornament or composition of lines or colours + applied to an article + by an industrial process + appeal to and judged solely by the eye; Mode or principle of construction, mere mechanical devices, trade marks, property marks and artistic works are excluded.
Grounds barring registration: Not new or original | disclosed to the public before filing or priority date | not significantly distinguishable from known designs | scandalous or obscene matter; Section 4. Learn all four. These are a separate test from the exclusions in the definition of design (section 2(d)): first ask whether the thing is a design at all, then whether any section 4 ground bars registration. Disclosure counts whether in India or abroad.
Term of protection: 10 years from registration + extension of 5 years = 15 years maximum; Extension needs an application and fee before the first 10 years expire.
Rights on registration: Exclusive right to apply the design to any article in the class in which it is registered; This is called copyright in the design. It is not the same as copyright under the Copyright Act.
Piracy liability: Up to ₹25,000 per contravention, recoverable as contract debt; total for any one design up to ₹50,000; Section 22. The proprietor can instead sue for damages and an injunction, but then cannot also claim the contract debt. The suit lies in a court not lower than a District Court.
Registration per class: One design, one class of articles per application; A design for articles in different classes needs separate applications. The Locarno classification is followed.

How to solve Industrial Designs questions

Most design questions give you a product and ask whether it can be protected, or ask you to explain the law. Use this order so you cover the provision, the facts and a conclusion.

1Read the facts and identify the article and the feature in question. Is it shape, pattern, ornament or colour, or is it function?
2Apply the definition of design. Check each limb: feature, article, industrial process, judged solely by the eye.
3Check the exclusions: mode or principle of construction, mechanical device, trade mark, property mark, artistic work.
4Apply the bars to registration: novelty or originality, prior disclosure anywhere, significant distinction from known designs, obscene matter.
5State the procedure if asked: application to the Controller, one class of articles, examination, registration and entry in the Register of Designs.
6State the rights and term: exclusive right in the class, 10 years, extension of 5 years, maximum 15.
7Add remedies if the facts show copying: piracy under section 22, the cap of ₹25,000 per contravention and ₹50,000 per design, and cancellation petitions.
8Write a one-line conclusion that answers the exact question asked.

Quickest way: Four-check design test

When to use it: Use it when a short case gives a product and asks whether it is registrable, with only a few minutes available.

Eye test: does the feature appeal to the eye in the finished article? If it is about function, stop and say patent.
Definition test: is it applied to an article by an industrial process? Also check the exclusions from the definition. A trade mark, property mark, artistic work, mode or principle of construction, or mere mechanical device is not a design. If one applies, stop.
Novelty test: has it been published, used or shown anywhere before the filing or priority date?
Bar test: is it significantly distinguishable from known designs, and free of scandalous or obscene matter? If all four checks pass, conclude it is registrable and give the 10 plus 5 year term.

Common mistakes in Industrial Designs

Saying a design protects how a product works.
Students mix designs with patents because both relate to industrial products.
Fix: Remember that a design protects appearance only. Mode or principle of construction and mechanical devices are excluded from the definition.
Stating the term as 10 years only, or as 15 years straight.
The extension is easy to forget, and some students assume 15 is automatic.
Fix: Write: 10 years from registration, extendable by 5 years on application before expiry, so 15 at most.
Ignoring prior disclosure outside India.
Students assume novelty is judged only within India.
Fix: State that disclosure by publication, use or any other way, in India or abroad, before the filing or priority date destroys novelty.
Treating a logo or label as a design.
Both are visual, so the exclusion for trade marks and artistic works is missed.
Fix: A trade mark, property mark or artistic work is excluded from the definition. A logo is for trade mark law.
Claiming criminal punishment for design piracy.
Students carry over the offence provisions of copyright or trade mark law.
Fix: The remedies for piracy under section 22 are civil, with no imprisonment or criminal fine for piracy itself: contract debt up to ₹25,000 per contravention, capped at ₹50,000 per design, or a suit for damages and injunction.
Filing one application covering articles in several classes.
Students think a design is tied to its look, not to a class of articles.
Fix: Registration is for one class of articles. A separate application is needed for each class.

Worked examples

Example 1

Meera Textiles registers a fabric design on 1 April 2028. A competitor sells fabric with a fraudulent imitation of the design on three separate occasions during the registration. Meera claims the statutory sum for each. State the term of protection and the maximum recovery as contract debt.

Show the solution

Term: protection runs 10 years from the date of registration. So the initial period runs from 1 April 2028 to about 1 April 2038.
Extension: if Meera applies before the first period expires, the term is extended by 5 years, to about 1 April 2043. This is the 15-year maximum.
Piracy: under section 22(1), during the existence of the copyright in the design it is piracy, without the registered proprietor's consent, to apply the design or a fraudulent or obvious imitation of it to any article in the registered class for sale, to import such articles for sale, or knowingly to publish or expose such articles for sale. The competitor's sales of fabric bearing the imitation fall within this.
Per contravention the sum is up to ₹25,000. For three contraventions the claim is 3 × ₹25,000 = ₹75,000.
Cap: the total recoverable for any one design is ₹50,000, so the claim is limited to ₹50,000. Meera sues as the registered proprietor.
Alternative: Meera may instead sue for damages and an injunction, but she cannot claim both the contract debt and damages. The suit must be in a court not lower than a District Court.

Answer: Protection runs for 10 years from registration, to about 1 April 2038, and can be extended by 5 years, to about 1 April 2043 at most. The maximum recovery as contract debt is ₹50,000, because the total of ₹75,000 is limited to ₹50,000 per design.

Exam tips

Write the full definition of design in the first lines. Examiners give marks for each limb, especially 'judged solely by the eye'.
For case questions, structure the answer as provision, facts, conclusion. Always name the section 4 ground that applies.
Learn the numbers exactly: 10 years, 5 years extension, ₹25,000 per contravention, ₹50,000 per design.
If asked to compare design and patent, use the points: subject matter (appearance vs function), test (eye vs novelty and inventive step) and term. Do not state only that both are industrial property.
Mention that the Controller, through the Patent Office, handles design registration, and that one application covers one class of articles.

Practice questions from Types of Intellectual Property

Industrial Designs: frequently asked questions

What is the difference between a design and a patent?

A design protects the appearance of an article, judged by the eye. A patent protects a new invention that works in a technical way, such as a product or process. The same product can have both: a patent for the working mechanism and a design for its look.

How do I register a design in India?

You apply to the Controller under the Designs Act, 2000, stating the article, the class and the design with representations. The application is examined for the section 4 bars. If there are no objections, the design is registered and entered in the Register of Designs.

How long does design registration last?

The initial term is 10 years from the date of registration. You can extend it by 5 years by applying before the first period expires. The maximum is 15 years.

Can a logo be registered as a design?

No. The definition of design excludes trade marks, property marks and artistic works as defined in the Copyright Act. A logo is usually protected under trade mark law or copyright.