At the outset, Section 11(1) of the Designs Act, 2000, grants copyright protection to a design for a period of ten years from the date of registration. However, if priority is claimed then the registration period is calculated as being ten years from the priority date. Further, as per Section 11(2) of the Designs Act, 2000, a design may be renewed once for an additional period of 5 years anytime within the initial ten-year period of registration. No further extensions of protection are possible beyond the 15-year limit.
An application (Form 3) shall be filed by the Applicant with the requisite fee as mentioned in the First Schedule of the Designs Rules, which as on November 11, 2021 is INR 2000/- for a ‘Natural Person’, and/or ‘Start Up’, and/or MSME (Micro, Small, and Medium Enterprises), and INR 8000/- for Others (alone) or with a Natural Person, and/or Start Up, and/or MSME. It should be noted that to claim Start Up/MSME benefits, the concerned entity should be registered with the corresponding authority (DIPP in case of Start Ups and the appropriate Udhyog Aadhar for MSMEs).
Further, if a design is lapsed due to non-payment of renewal fees, an Application under Section 12 of the Designs Act, 2000, can be filed for restoration of the design application within one year of the expiry of the ten-year registration period, along with the prescribed form (Form 4) and fee as mentioned in the Design Rules, which as on November 11, 2021 is INR 1000 /- for a ‘Natural Person’, and/or ‘Start Up’, and/or MSME (Micro, Small, and Medium Enterprises), and INR 4000 /- for Others (alone) or with a Natural Person, and/or Start Up, and/or MSME.
The fees for various actions are subject to change and therefore it is recommended to check the same with the Designs Rules before filing any renewal applications.
This write-up has been authored by Abhishek R.
