Copyright in Registered Designs under the Designs Act, 2000 (India)- Complete Guide
Introduction
Design law in India plays a crucial role in protecting the visual appeal of products. Unlike patents, which protect functionality, design law safeguards the aesthetic features of an article. One of the most important aspects under this framework is the concept of copyright in registered designs.
Many law students misunderstand this concept by confusing it with copyright under copyright law. In reality, “copyright” in design law has a very specific meaning and scope under the Designs Act, 2000.
We will cover the below mentioned topics related to Design Act 2000-
• Copyright in registered designs
• Duration and renewal
• Restoration of lapsed designs
• Inspection and rights
• Important legal definitions
Copyright in Registered Designs (Sections 11–20)
Meaning and Nature of Copyright in Designs
Under the Designs Act, copyright does not refer to literary or artistic rights. Instead, it means:
The exclusive right to apply a registered design to an article in the class in which it is registered.
This right ensures that only the registered proprietor can commercially use that design.
Duration of Copyright (Section 11)
When a design is registered, the proprietor automatically receives copyright protection.
Key Points:
• Initial term: 10 years from the date of registration
• This is a statutory right, no separate registration needed
• Protection is limited to the registered class of articles
This means if someone copies or applies the design without permission, it amounts to design infringement.
Renewal of Copyright (Extension of 5 Years)
After the initial 10-year period:
• The proprietor can apply for renewal
• Application must be filed with the Controller
• Prescribed fee must be paid
Result:
• Extension granted for additional 5 years
• Total protection = 15 years maximum
👉If the owner fails to renew, the design loses protection.
Lapse of Design and Its Consequences
If renewal is not filed:
• The design automatically lapses
• Copyright protection ends
• The design enters the public domain
This is a critical mistake many owners make, leading to loss of exclusive rights.
Restoration of Lapsed Design (Section 12)
The law provides a second chance.
Conditions for Restoration:
• Application must be filed within 1 year from lapse
• Prescribed fee must be paid
• Applicant must explain reasons for delay
Burden of Proof:
The applicant must prove:
• Delay was genuine
• Not intentional negligence
Procedure for Restoration (Section 13)
The Controller examines the application and must be satisfied that:
1. The delay was not intentional
2. There was no undue delay in applying
If Approved:
• Design is restored
• Rights are revived
• Subject to conditions imposed by the Controller
Effect of Restoration (Section 14)
This is a critical legal point often asked in exams.
Important Rule:
No infringement suit can be filed for the period:-
Between lapse and restoration
Implication:
• If someone uses the design during lapse,
• The original owner cannot sue for that period
This creates a temporary legal gap in protection.
Inspection and Information (Sections 17 & 18)
Transparency is an important feature of design law.
Inspection of Registered Designs (Section 17):
Any person can:
• Inspect registered designs
• Obtain certified copies
• Pay prescribed fees
Information from Controller (Section 18):
Any person can request details such as:
• Whether a design is registered
• Class of goods
• Date of registration
• Name of proprietor
This ensures public access and legal certainty.
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Important Definitions under the Designs Act, 2000
Understanding definitions is essential for exams and conceptual clarity.
1. Article (Section 2(a))
An article means:
• Any manufactured item
• Includes natural or artificial substances
• Includes parts capable of being made or sold separately
Key Elements:
• Can be natural or artificial
• Can be partly natural and artificial
• Must be capable of separate existence
Judicial Interpretation:
Courts have clarified that:
• The article must be independently identifiable
• It must have a separate commercial existence
2. Controller
The Controller refers to:
• The Controller General of Patents, Designs and Trade Marks
Role:
• Registers designs
• Handles renewals
• Decides restoration applications
3. Copyright (Section 2(c))
In design law, copyright means:
Exclusive right to apply the design to an article in the registered class.
Important Distinction:
• Not the same as copyright under copyright law
• Limited to industrial application
4. Legal Representative
A legal representative is:
• A person who represents the estate of a deceased person
Importance:
• Can apply for renewal or restoration
• Can enforce rights of the deceased proprietor
5. Original Design (Section 2(g))
Original means:
• Originating from the author
• Includes old designs applied in a new way
Key Insight:
Even if a design is not entirely new:
• It can still qualify if its application is new
6. Proprietor of a New or Original Design (Section 2(j))
The proprietor may be:
(i) Employer or Commissioner
• If a design is created for someone else
• That person becomes the owner
(ii) Assignee
• Person who acquires rights from the creator
(iii) Creator
• If no transfer exists
Legal Position:
Ownership depends on:
• Contract
• Assignment
• Employment relationship
7. Lapsed Design
A design becomes lapsed when:
• It is not renewed after 10 years
Effect:
• Protection ends
• Public can use the design freely
Restoration:
• Possible within 1 year
• Subject to conditions
Practical Understanding
What Actually Matters:
• Missing renewal = loss of monopoly
• Restoration is not automatic
• Legal gaps weaken enforcement
Common Mistakes:
• Ignoring renewal deadlines
• Confusing design copyright with copyright law
• Assuming automatic restoration
Conclusion
The law relating to copyright in registered designs under the Designs Act, 2000 is straightforward but unforgiving. The system gives strong protection, but only if procedural requirements like renewal and timely application are followed.
The reality is simple:
Miss deadlines, and you lose rights. Restoration is possible, but not guaranteed—and even if restored, you lose protection for the lapse period.
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MCQs on Copyright in Registered Designs (Designs Act, 2000)
1. Under which Act is copyright in designs governed in India?
A. Copyright Act, 1957
B. Patents Act, 1970
C. Designs Act, 2000
D. Trade Marks Act, 1999
Answer: C
2. Which section deals with copyright in registered designs?
A. Section 2
B. Section 11
C. Section 15
D. Section 20
Answer: B
3. What is the initial term of copyright in a registered design?
A. 5 years
B. 10 years
C. 15 years
D. 20 years
Answer: B
4. Maximum protection period of a registered design is:
A. 10 years
B. 12 years
C. 15 years
D. 20 years
Answer: C
5. Extension of design registration is granted for:
A. 2 years
B. 3 years
C. 5 years
D. 10 years
Answer: C
6. Who grants renewal of a registered design?
A. Supreme Court
B. Registrar of Companies
C. Controller
D. Central Government
Answer: C
7. If renewal is not filed, the design becomes:
A. Invalid
B. Void
C. Lapsed
D. Cancelled
Answer: C
8. Within how much time can a lapsed design be restored?
A. 6 months
B. 1 year
C. 2 years
D. 3 years
Answer: B
9. Which section deals with restoration of lapsed design?
A. Section 10
B. Section 11
C. Section 12
D. Section 15
Answer: C
10. The Controller restores a design only if delay was:
A. Intentional
B. Commercial
C. Not intentional
D. Legal
Answer: C
11. No suit for infringement can be filed during:
A. Registration period
B. Renewal period
C. Lapse period
D. Extension period
Answer: C
12. Which section bars infringement suits during lapse period?
A. Section 12
B. Section 13
C. Section 14
D. Section 15
Answer: C
13. Inspection of registered designs is provided under:
A. Section 15
B. Section 16
C. Section 17
D. Section 18
Answer: C
14. Information about registered designs can be obtained under:
A. Section 16
B. Section 17
C. Section 18
D. Section 19
Answer: C
15. “Article” under the Act includes:
A. Only manufactured goods
B. Only natural substances
C. Both natural and artificial substances
D. Only movable property
Answer: C
16. Copyright in design means:
A. Right to publish
B. Right to sell books
C. Exclusive right to apply design to an article
D. Right to patent invention
Answer: C
17. Who is a legal representative?
A. Lawyer
B. Government officer
C. Person representing estate of deceased
D. Judge
Answer: C
18. Original design includes:
A. Only new designs
B. Old designs with new application
C. Only artistic work
D. Only industrial models
Answer: B
19. Proprietor of a design may be:
A. Only creator
B. Only government
C. Creator, employer, or assignee
D. Only company
Answer: C
20. Lapsed design means:
A. Cancelled by court
B. Expired due to non-renewal
C. Invalid registration
D. Duplicate design
Answer: B
FAQs on Copyright in Registered Designs
1. What is copyright in registered designs under the Designs Act, 2000?
Ans- It is the exclusive right to apply a registered design to a specific class of articles.
2. How long does copyright in a design last in India?
Ans- It lasts for 10 years initially and can be extended by 5 more years.
3. What happens if a registered design is not renewed?
Ans- The design lapses and loses legal protection.
4. Can a lapsed design be restored?
Ans- Yes, it can be restored within one year from the date of lapse.
5. What conditions are required for restoration of a design?
Ans- The delay must not be intentional and there should be no undue delay in applying.
6. Can infringement proceedings be initiated during the lapse period?
Ans- No, no legal action can be taken for infringement during that period.
7. Who is the Controller under the Designs Act, 2000?
Ans- The Controller General of Patents, Designs and Trade Marks.
8. What is meant by “article” in design law?
Ans- It includes any manufactured item, whether natural or artificial, capable of being sold separately.
9. Who can inspect registered designs?
Ans- Any person can inspect registered designs by paying the prescribed fee.
10. Who is considered the proprietor of a design?
Ans- The creator, employer, or any person who has legally acquired rights in the design.
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