The Design Act of 1911 holds historical significance as the foundation of design protection in India.

It laid down the framework for registering designs to protect the aesthetic aspects of manufactured goods.

The act underwent numerous amendments, reflecting evolving commercial needs and advancements in technology.

Salient Features of the Design Act, 1911

#1 Introduction and Purpose

The primary purpose of the Design Act, 1911, was to safeguard the appearance of products, allowing manufacturers to protect the originality of their designs.

The act aimed at preventing unauthorized replication and imitation, thus ensuring exclusive rights to the proprietor.

#2 Key Definitions

The act provided several key definitions that formed the basis of its implementation:

• Design: Under the act, a design refers to features related to the shape, configuration, pattern, or ornamentation of an article applied by any industrial process. It excludes mechanical devices or construction modes and does not include trademarks.
• Article: Any product of manufacture, whether natural or artificial, which can be subject to a design.
• Copyright in Design: The exclusive right to apply the design to any article in the class for which it is registered. The proprietor of a registered design is given copyright for an initial period of five years, with potential extensions.

#3 Registration Process

The registration of designs was a critical aspect of the Design Act, 1911.

The process entailed:

• Application: The applicant claiming to be the proprietor of a new or original design could apply for registration. The application had to be in a prescribed format and filed with the Registrar of Designs.
• Classification: The act allowed designs to be registered in one or more classes, with the Registrar deciding the appropriate class if any doubts arose.
• Refusal of Registration: The Registrar had the authority to refuse registration if the design did not meet the requirements. The decision could be appealed to the government.
• Publication and Inspection: Designs that were registered were open to public inspection, ensuring transparency in the registration process.

#4 Duration and Renewal of Protection

The Design Act, 1911, provided the registered proprietor with an initial copyright period of five years from the registration date.

Upon application and payment of prescribed fees, this period could be extended for two subsequent five-year terms, thus allowing for a maximum of fifteen years of protection. This system incentivized design innovation by providing long-term commercial benefits to original creators.

#5 Provisions for Piracy of Registered Designs

One of the act’s notable provisions was its stance against piracy of registered designs. Piracy in this context referred to:

• Unauthorized application of a registered design to an article intended for sale.
• Knowingly selling or publishing an article with an imitation of a registered design. Infringement could lead to significant penalties, including a monetary fine not exceeding five hundred taka or the option to seek damages through a civil suit.

#6 Effect of Disclosure

An essential provision within the Design Act, 1911, protected designs from being invalidated due to disclosure, provided that the disclosure was made under circumstances of good faith or was part of a confidential agreement.

This aspect was crucial for industries where initial production trials or presentations of designs were necessary before public launch.

#7 Provisions for Cancellation

The Design Act, 1911, allowed for the cancellation of design registration under specific conditions:

• If the design had been previously registered in India.
• If the design had been published in India prior to the registration.
• If the design was not original or new. Cancellation could be sought through the courts or by application to the Registrar, ensuring that only valid and innovative designs were protected under the law.

#8 Assignment and Transmission of Designs

The act made provisions for the assignment and transmission of designs, allowing the original proprietor to transfer the rights to another person or entity.

This enabled flexibility in the commercialization of designs, ensuring that the economic benefits of the design could be maximized through licensing or sale.

#9 Protection of Foreign Designs

The Design Act, 1911, also extended protection to foreign designs exhibited in industrial exhibitions or other such public displays in India.

This provision allowed foreign companies to showcase their designs in India without fear of them being copied or registered by others, thereby promoting international collaboration and innovation.

#10 Role of the Registrar

The Registrar of Designs played a pivotal role in the administration of the act. From processing applications, maintaining the Register of Designs, and deciding disputes, to overseeing the renewal of copyright, the Registrar ensured the efficient functioning of the legal framework.

The office of the Registrar was also responsible for granting certificates of registration and allowing access to the Register for inspection by the public.

#11 Appeals and Legal Proceedings

The act provided avenues for appeal against the decisions of the Registrar. For example, applicants could appeal to the government if their design registration was refused.

Similarly, in cases of infringement, legal proceedings could be initiated in District Courts to seek damages and prevent further violations of design rights.

The act also detailed the transmission of decrees and orders from courts to the Registrar, ensuring that the Register of Designs accurately reflected the legal status of each design.

#12 Exemptions and Limitations

While the act was comprehensive in its scope, it did provide certain exemptions and limitations:

• Government Use: The government had the right to use designs for official purposes, which provided flexibility for public works or defense projects.
• Industrial Exhibitions: Designs displayed at exhibitions were protected, but the act required the exhibitor to notify the Registrar of such exhibitions and register the design within six months of the first display.

Conclusion

The Design Act, 1911, was a landmark in the protection of intellectual property in India, offering comprehensive protection for industrial designs.

By safeguarding the aesthetic and ornamental aspects of manufactured goods, the act promoted innovation and creativity.

It provided a clear and structured framework for the registration, protection, and enforcement of design rights, encouraging businesses and individuals to invest in design as a vital element of their products.

Although the Design Act, 1911, has been succeeded by the Designs Act, 2000, its legacy continues to influence the protection of intellectual property in India.