Registering a design creates a property right known as a design right and the registered proprietor is the owner of the design right.
Design registration grants a statutory right, subject to certain conditions, to prevent others from using the design without the registered proprietor's permission - i.e. to prevent infringement.
Registration confers an exclusive right to authorise others by means of licensing to use the design.
The design of a product can become synonymous with a company and like all intellectual property (such as trade marks and patents) can have monetary value. Registration may prevent others from infringing the design.
The fraudulent use of a registered design without the authorisation of the proprietor and/or possession of products bearing the registered design may in certain circumstances, be a criminal offence, and criminal proceedings may be initiated under the Industrial Designs Act, 2001.
It is an offence to falsely represent that a design applied to a product is a registered design. Therefore the use of the word registered or any word or words implying that a design applied to a product is a registered design may only be used on products bearing a registered design.
How long does protection last?
When a design is registered, protection is granted initially for 5 years. Protection can then be renewed for four further periods of five years each (on payment of the prescribed fee), giving a maximum of 25 years protection from the date of registration.