History of Indian Industrial Design Law

Indian Industrial Design Law evolution over the years

Like the other Acts associated with the patents, trademarks and copyrights had found their traces in the pre-independence period; the first Indian Industrial Design Law was passed in 1872. This act was named as “The Patterns and Designs Act of 1872.” It gave a definition of new manufacture to incorporate any new or original pattern, design, the application of such pattern, the design of the application of such pattern, design to any substance, articles of manufacture and many more articles and inventions.

Soon, The Patterns and Designs Act of 1872 was replaced by The Inventions and Designs Act of 1888. This Act was just a mere reflection and duplication of the British model of the same act in the United Kingdom. Further, the Patents and Designs Act of 1911 nullified the previous acts. An important achievement was that this act introduced a new separate office for the execution and control of laws relating to designs. Thus, it led to the unification and integration of the registration, administration and information in one office and made the procedure for obtaining protection more steadily and uniformly. Finally, the patents and designs rules were formulated in the year 1933 Section 2(4) of this act in order to handle the practice of registration and the purpose of carrying into effect the provisions of the Act.

The 1911 Act was amended several times in the British colonial period and even after India’s independence. Finally, the Indian Designs Act of 2000 was enacted to reinforce the law relating to the protection of designs and to apply and follow the TRIPS Agreement. But, it came into force in India on May 11, 2001, and replaced the old law of 1911 such that it could provide more effective protection to the registered designs and encourage design activities. Further, this Act grants an exclusionary right of selling, licensing, assigning and using the same in any product to the owner or proprietor of the registered designs.

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