Designs Act, 2000: Salient Features, Cancellation of Registration & Piracy of Designs (Complete LLB Guide)
1. Introduction
The Designs Act, 2000 is a key legislation under intellectual property law in India. It replaced the earlier Designs Act, 1911 to modernize and strengthen protection for industrial designs.
The Act came into force on 11 May 2001 and applies across India. Its primary purpose is to protect aesthetic aspects of articles and promote innovation in industrial design.
👉 For a detailed understanding of definition and registration procedure, read our guide on
Design under the Designs Act, 2000.
2. Objects of the Designs Act, 2000
The Act is built around practical commercial goals:
• To protect registered designs from unauthorized use
• To encourage creativity and innovation in industrial products
• To promote economic development through design-based industries
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3. Salient Features of the Designs Act, 2000
(i) Structured Legislation
• Contains 11 Chapters and 48 Sections
• Provides a systematic legal framework for design protection
(ii) Comprehensive Definition
• Clearly defines:
° “Design”
° “Article”
• Covers features like shape, configuration, pattern, ornament, and composition
(iii) Registration Mechanism
• Provides a complete procedure for registration of designs
• Registration grants exclusive rights to the proprietor
The Act provides a comprehensive registration mechanism. For step-by-step explanation, see
design registration process under Designs Act.
(iv) Rights and Duties of Authorities
• Defines powers of the Controller (Registrar)
• Ensures administrative clarity and accountability
(v) Non-Registrable Designs
• Clearly specifies designs that cannot be registered, such as:
° Not new or original
° Previously published
° Against morality or public order
(vi) Digital Record System
• Allows computerized maintenance of design register
• Modernizes record-keeping and improves accessibility
(vii) Restoration of Lapsed Designs
• Provides mechanism for restoration of expired/lapsed designs
(viii) Extended Protection Period
• Initial protection: 10 years
• Extendable by 5 years
(ix) Stronger Penalties
• Enhances penalties for design infringement (piracy)
• Provides both civil remedies and injunctions
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4. Cancellation of Registration of Design (Section 19)
Registration of a design is not permanent. It can be cancelled on specific legal grounds.
Grounds for Cancellation
A design may be cancelled if:-
(i) It was previously registered in India
(ii) It was published in India or abroad before registration
(iii) It is not new or original
The concept of originality and novelty is explained in detail here:
definition of design under Section 2(d).
(iv) It is not registrable under the Act
Important Case Laws
• B.K. Plastic Industries v. Jayantilal Kalidas Sawari
→ Confirmed that registration can be cancelled under statutory grounds
• Joginder Singh v. Teboo Enterprises Pvt. Ltd.
→ Design cancelled due to lack of novelty
• National Trading Co. v. Monika Chawala
→ Prior publication led to cancellation
• M/s A.C. Footwear v. Dailam India Pvt. Ltd.
→ Similar existing design → registration cancelled
• Bharat Glass Tube Ltd. v. Gopal Glass Works Ltd.
→ Upheld registration where design was truly original
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5. Piracy of Designs (Section 22)
Piracy means unauthorized use of a registered design.
To understand what qualifies as a protected design, refer to
what is design under Designs Act.
Acts Constituting Piracy
• Using a registered design without permission
• Importing such design unlawfully
• Publishing or disclosing the design
Judicial Interpretation
• Sanvendra S.A. v. Twincle Lumaneries Pvt. Ltd.
→ Exact imitation = piracy
Remedies Available
• Compensation (Damages)
• Injunction (to stop infringement)
• Recovery of profits
Burden of Proof
• Lies on the plaintiff
• Must prove:
° Ownership of design
° Knowledge of infringement by defendant
Key Case Laws on Remedies
• Calico Printers Association Ltd. v. D.N. Mukherjee
→ Knowledge of infringement must be proved
• Tobu International Pvt. Ltd. v. Joginder Metal Works
→ Plaintiff can claim profits
• Britannia Industries Ltd. v. Sara Lee Bakery
→ Injunction may not be granted where damages are sufficient
Penalty
• Fine up to ₹25,000 per contravention
• Courts may also grant injunctions to prevent repetition
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6. Conclusion
The Designs Act, 2000 is a modern, structured, and practical law that balances:
• Protection of creators
• Promotion of industrial growth
• Prevention of unfair competition
It ensures that only new and original designs get protection while providing strict remedies against infringement and misuse.
Related Articles
• Design under Designs Act, 2000: Definition & Registration
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MCQs – Designs Act, 2000 (Salient Features, Cancellation & Piracy)
1. The Designs Act, 2000 came into force on:
A. 1 January 2000
B. 11 May 2001
C. 26 January 1950
D. 15 August 1947
Answer: B
2. The Designs Act, 2000 replaced which Act?
A. Patent Act, 1970
B. Copyright Act, 1957
C. Designs Act, 1911
D. Trade Marks Act, 1999
Answer: C
3. The Designs Act, 2000 consists of:
A. 10 Chapters
B. 12 Chapters
C. 11 Chapters
D. 15 Chapters
Answer: C
4. The primary objective of the Designs Act is:
A. Protect inventions
B. Protect artistic works
C. Protect industrial designs
D. Protect trademarks
Answer: C
5. Which authority registers designs in India?
A. Supreme Court
B. Registrar (Controller)
C. District Court
D. Ministry of Law
Answer: B
6. Initial period of design registration is:
A. 5 years
B. 10 years
C. 15 years
D. 20 years
Answer: B
7. Maximum protection period of a design is:
A. 10 years
B. 12 years
C. 15 years
D. 20 years
Answer: C
8. Which section deals with cancellation of registration?
A. Section 4
B. Section 5
C. Section 19
D. Section 22
Answer: C
9. A design can be cancelled if it is:
A. Profitable
B. New
C. Previously published
D. Attractive
Answer: C
10. Which of the following is NOT a ground for cancellation?
A. Prior registration
B. Lack of originality
C. Commercial success
D. Prior publication
Answer: C
11. Piracy of design is covered under:
A. Section 10
B. Section 15
C. Section 22
D. Section 25
Answer: C
12. Using a registered design without permission amounts to:
A. Fraud
B. Piracy
C. Breach of contract
D. Negligence
Answer: B
13. Maximum penalty for piracy of design is:
A. ₹10,000
B. ₹25,000
C. ₹50,000
D. ₹1,00,000
Answer: B
14. Who bears the burden of proof in piracy cases?
A. Defendant
B. Court
C. Plaintiff
D. Government
Answer: C
15. Which remedy is available in case of piracy?
A. Imprisonment only
B. Damages and injunction
C. Fine only
D. Warning notice
Answer: B
16. A design must be ______ to be registrable:
A. Popular
B. Cheap
C. New and original
D. Advertised
Answer: C
17. Which case held that exact imitation amounts to piracy?
A. Bharat Glass Case
B. Sanvendra Case
C. Joginder Singh Case
D. Britannia Case
Answer: B
18. Which case upheld a valid original design?
A. A.C. Footwear Case
B. Bharat Glass Tube Case
C. Monika Chawala Case
D. Teboo Enterprises Case
Answer: B
19. Designs against morality are:
A. Valid
B. Registrable
C. Non-registrable
D. Optional
Answer: C
20. The Designs Act promotes:
A. Criminal law
B. Industrial creativity
C. Taxation
D. Banking
Answer: B
FAQs – Designs Act, 2000
1. What is the Designs Act, 2000?
Ans- It is a law that protects the visual design of industrial products in India.
2. What is the objective of the Designs Act?
Ans- To protect designs, encourage innovation, and promote industrial development.
3. What is the duration of design protection?
Ans- 10 years initially, extendable by 5 years (total 15 years).
4. What designs cannot be registered?
Ans- Designs that are not new, already published, or against morality.
5. What is piracy of design?
Ans- Unauthorized use, copying, or imitation of a registered design.
6. What are the remedies for piracy?
Ans- Damages, injunction, and recovery of profits.
7. Who can cancel a design registration?
Ans- The Controller or the court under Section 19.
8. What are the grounds for cancellation of design?
Ans- Prior registration, prior publication, lack of novelty, and non-registrability.
9. What is the penalty for design infringement?
Ans- Up to ₹25,000 per violation.
10. Why is registration of design important?
Ans- It provides legal protection and exclusive rights to the owner.
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