By S&S Co. Advocates & Solicitors · Published 29 September 2026 · Informational content, not legal advice. See our disclaimer
What Design Registration Protects
A registered design protects the visual features of shape, configuration, pattern, ornament or composition of lines or colours applied to an article: essentially, how a product looks, not how it works. Registration under the Designs Act, 2000 gives the proprietor exclusive rights to apply that design to the registered class of articles for a period of ten years, extendable by five more.
What the Act Excludes From Protection
The Act specifically excludes features dictated solely by the function the article must perform, and features of shape or configuration that are not judged by the eye: that is, purely mechanical or functional elements that leave no room for aesthetic choice are not protectable, even if the underlying article is commercially valuable.
What Counts as Piracy Under Section 22
Piracy of a registered design occurs when someone applies the registered design, or an obvious or fraudulent imitation of it, to any article in the same class for the purpose of sale, without the proprietor's licence or consent. Courts assess imitation from the perspective of an instructed customer viewing the two designs, not through a forensic, feature-by-feature dissection.
Remedies and Practical Enforcement
A successful proprietor can obtain an injunction restraining further sale, along with damages or an account of profits, and the Act also fixes a statutory damages ceiling for a first infringement claim unless the proprietor elects to sue for damages and an injunction instead. Because design registration lasts only ten to fifteen years and does not cover purely functional shapes, manufacturers should register distinctive product designs promptly after finalising them and before any public disclosure that could compromise novelty.
Frequently Asked Questions
Does a registered design protect how a product works?
No. Design registration protects only visual features (shape, configuration, pattern or ornamentation judged by the eye) not the underlying function or mechanism, which may instead require patent protection.
What is considered 'piracy' of a registered design?
Applying the registered design, or an obvious or fraudulent imitation of it, to an article in the same class for sale, without the registered proprietor's consent, under Section 22 of the Designs Act, 2000.
How long does design registration last?
An initial period of ten years from the date of registration, extendable once for a further period of five years on payment of the prescribed renewal fee.
Can I register a design after I've already started selling the product?
Prior public disclosure of the design can compromise the novelty required for registration, so proprietors should generally file for design registration before any public sale, exhibition or disclosure of the product.
References & Further Reading
This article references the following statutory provisions. Readers should always verify current rules, fees and timelines against the applicable statute and rules as amended, since these are revised from time to time.
- Designs Act, 2000, Sections 2(d) (definition of design) and 22 (piracy of registered design).