Design Protection & Safeguards for Fashion Designers in India | IP Attorney in Delhi NCR

Therefore, the fashion industry has to take reasonable measures to manage their Intellectual Properties (IP) as completely different part as against their commercial operation and one such important aspect is the registration and protection under the Designs Act, 2000. The Design Act of 2000 protects the visual appearance i.e. the aesthetic part of the product which does not have any functional value. If a design is able to qualify the condition of new, unique and novel, then it can be registered under the Act. Further, the protection under the Act can be extended only to the registered designs. Amongst all the Intellectual Properties (IP) tools, Design registration can be useful for almost all fashion designers and labels as it helps the designer to prevent anyone else copying his new and novel design, including both two dimensional features like textile prints and in three dimensional features like shape of the apparel. This protection under the Act is valid for a period of 10 years, extendable for a period of 5 years subject to fulfillment of certain conditions. Further, section 22 of the Designs Act, 2000 specifically deals with the piracy of the registered designs and makes such person involved in piracy liable for amount not exceeding Rs 25,000 in case to suit is brought against him or else the registered proprietor can institute a suit claiming injunction and damages.