1) What are designs under the Designs Act, 2000?

Designs are for goods and articles, which appeal to the eye of on individual or concerned with the esthetic feature.  Functional elements are not protected under the law of designs.  The shape and appearance of the goods or articles are the concern of design law and it must be applied by a mechanical or chemical process.

2) Does law relating to design addresses registration for part?

Yes, only if the concerned part of on article is capable of being made and sold separately.

3) Can these be an unregistered design?

No, designs rights are classified as statutory rights and hence the statute prescribes registration as condition precedent for protection.

4) Do designs act permits multi class application?

Law relating to designs discourages multi class application but it can be worked out based on the interpretation of the concerned provisions.

5) Can one acquire both copyrights and design at the same time?

Section 15(1) of the Copyright Act makes it clear that copyright shall not run concurrently with design.  Section 15(2) suggests that if an article is capable of being registered under the designs act, but which has not been so registered, the copyright shall cease as soon as the article has been reproduced more than 50 times by an industrial or mechanical process.

6) Can the shape of the article be covered under the trademark act?

It is possible to obtain trademark registration for goods that have a special  shape which does not have any bearing on the functionality.

7) What are the pre-requisites for design protection?

The law relating to designs prohibits the registration of designs which is not novel or original.  It also prohibits design which is anticipated by prior publication or prior public use.  It also prohibits a design which is not significantly distinguishable from known designs or combination of known designs.  The law relating to designs also prohibits the registration of scandalous or obscene matters.

8) What are the claim specifications under the law relating to designs?

The details regarding ornamentation, shape, composition of lines and color etc, the statement regarding novelty and also the claim of priority need to be mentioned.

9) How long is the term of a design registration?

The term of registration right is 15 years.

10) What are the remedies available for infringement of a registered design?

Section 22 specifically provides that in a civil case compensation payable shall not exceed Rs.50,000/- in respect of infringement of one registered design.  Section 22 of the designs act, does not expressly provide for criminal remedies in case of design infringement.  Criminal remedies in case of design infringement can be resorted to and it is possible to prosecute the design infringers based on Indian Penal Code.

11) Does law relating to designs provide for restoration of lapsed designs?

Yes, with the leave of the controller the proprietor of the design can within one year from the date on which the design ceased to have effect, make an application for the restoration of the design.