Design (Amendment) Rules, 2021

Design registration is governed by the Designs Act, 2000, and Design Rules, 2001. The rules have been amended several times to incorporate new norms for benefitting the applicant willing to get his design registered under the Act.

The rules were amended in 2008, 2013, 2014 and brought the latest amendment in 2021 through the Designs(Amendment), Rules, 2021. These rules came to effect on January 25, 2021, after the suggestions were received from the public in respect of the draft rules notified in this regard on October 19, 2021.

Highlights of Design (Amendment) Rules, 2021:

The Design (Amendment) Rules, 2021, were notified by the Ministry of Commerce and Industry on January 25, 2021. Various changes were introduced through this amendment notification, as provided below.

• Introduction of the definition of “Startup”:
  
  Rule 2(eb) shall be inserted after clause (ea) stating that
  
  1. A business recognized by the competent authority as “startup” as per startup India initiative, and
  2. A foreign business satisfying the criteria of turnover and period of incorporation/ registration as provided under the Startup India Initiative. Such business is required to submit a declaration to that effect. (For calculating turnover, RBI reference rates shall be considered)
   
• Address for Service, the substitution of the proviso:
  In Rule 4, the proviso shall be substituted, stating that the address for service must include the e-mail and mobile details of the agent/applicant registered in India.


• Changes in Fee Structure:
  Changes introduced in the "First Schedule" of the rules provide the new fee structure separately for natural person/startup/small entity and others. Also, in Rule 5, clause (f) is omitted, and clause (e) is substituted.


• Adoption of Locarno classification:
  Rule 10 sub-rule (1) is replaced by providing that shall categorize the articles as per Locarno Classification (International Classification for Industrial Designs) published by the World Intellectual Property Organization (WIPO) for obtaining the registration of designs.


• Changes in Form 1 and Form 24:
  Changes introduced in Form 1 (Application for registration of designs) and Form 24 (To be submitted for claiming the status of a small entity or startup) through the amendment.


• Omission of Third Schedule:
  The "Third Schedule" that provided the classification of goods is omitted. In place of which goods shall be classified as per Locarno Classification, also known as International Classification for the Industrial Design.
   
• Amendment in Fourth Schedule
  The "Fourth Schedule" of the Designs Rules, 2001, provides the costs allowable in proceedings before the Controller to be different for a natural person/startup/small entity and others.

Advantages of getting Design Registration::

Design registration can contribute to the business and product in the following ways:

• Exclusive right to sell
• Building brand image
• Return on investments
• Inspires creativity
• Better customer reach