Answer By law4u team
The validity of a registered industrial design in India is governed by the Design Act, 2000. Once registered, the design is protected for a specific period, giving the owner exclusive rights to its use. The owner can also apply for a renewal to extend the protection period.
Validity of a Registered Design in India:
Initial Duration of Protection:
The protection granted to a registered design in India is valid for a period of 10 years from the date of registration. This means that for 10 years, the design owner has exclusive rights to use the design and can prevent others from copying or using it without permission.
Renewal of Design Protection:
After the initial 10-year period, the design protection can be renewed for an additional 5 years. This means that the total validity of a design can be extended up to 15 years (10 years + 5 years).
Renewal Application: To renew the design protection, the owner must file a renewal application with the Office of the Controller General of Patents, Designs, and Trademarks (CGPDTM) before the expiration of the 10-year term. The application must be accompanied by the required renewal fee. If the renewal is not filed before the expiry of the term, a grace period of 6 months is allowed, with an additional late fee.
Conditions for Renewal:
The design must still be in use and have commercial value. If the design is no longer used or is no longer commercially viable, renewal may not be granted. The owner should ensure that the renewal fee is paid on time, and the design still meets the required standards of protection under the Design Act.
What Happens After the Expiry of Protection:
After the design’s protection expires and no renewal is made, the design enters the public domain, meaning that anyone can use or reproduce the design without facing legal consequences. The design can no longer be exclusively owned by the initial registrant once the validity period ends without renewal.
Can the Design Owner Extend Protection?
Yes, the owner can extend the protection of the design for an additional 5 years, but only through the renewal process. The owner must apply for renewal within the stipulated time and pay the renewal fees. If the protection is not renewed after the 15-year period, the design becomes part of the public domain, and others are free to use it without restriction.
Example:
For instance, if a company registers a unique shoe design with intricate patterns and textures, they are granted protection for 10 years. If the company wishes to continue protecting the design after 10 years, they must apply for a renewal before the expiration. If granted, the protection is extended for another 5 years, making the total validity 15 years. After the 15 years, unless the company renews again, the design would be available for others to use.
Conclusion:
In India, a registered industrial design is protected for 10 years, with the possibility of a 5-year renewal. The total validity can extend up to 15 years. After this period, the design enters the public domain unless renewed. Timely renewal is essential for continuing the protection of the design.
