These types of designs are not registrable under the Act 2000 which –
– is not new or original.
– has been disclosed to the public any where in India or in any other country by publication in tangible form or by use in any other way prior to the filing date, or where applicable, the priority date of the application for registration.
– is not significantly distinguishable from known designs or combination of known designs.
– comprises or contains scandalous or obscene matter, shall not be registered.
Duration of the registration of a design – The term of a registered design is 15 years. Initially the right is granted for a period of 10 years, which can be extended, by another 5 years by making an application and paying a fee of Rs. 2000/- to the Controller before the expiry of initial 10 years period.
The proprietor of design may make application for such extension as soon as the design is registered.