DPIIT Registration Fees in India: A Complete Guide
01 Jul, 2025
By Online Legal India
Published On 29 Dec 2020
Updated On 19 May 2025
Category Copyright
In today’s world, design plays a crucial role in both creative work and business success. From logos to product packaging, visual appeal builds strong brands. In the digital age, designs can be easily shared and reproduced, which makes it harder to protect original work. Whether you are a graphic designer, fashion artist, interior decorator, or product innovator, protecting your original design is vital to prevent misuse or copying. In this blog, you will learn about how to copyright a design in India and other key aspects.
Copyright Registration is a legal protection provided to creators of original works like music, books, art, and other intellectual creations. This gives them control over how their work is used and shared. It provides the creator exclusive rights to reproduce, publish, perform, distribute, translate, or adapt the work for a specific period. These rights help protect the creator’s efforts from unauthorized use. It ensures that they receive recognition and economic benefits from their work.
In India, copyright is regulated by the Copyright Act 1957, which has been updated over time to keep up with technological changes and global standards.
In India, the Copyright Act of 1957 protects original artistic creations, including designs. According to Section 2(d) of the Design Act, 2000, a design refers to the unique features like shape, pattern, color, or arrangement applied to a product. However, not every design is eligible for copyright. Only designs that are new, unique, and original can be granted copyright protection to prevent others from copying or using them without permission.
Here are the types of designs that can be copyrighted under Indian law:
Artistic works cover creations like painting, drawings, sculptures, and engravings. They may be two-dimensional or three-dimensional. This includes things like decorative fabric patterns, beautiful calligraphy, or embossed designs and etchings. These works focus on artistic expression and are meant to be visually appealing.
Architectural designs like building layouts, structures, or interiors that are original and visually appealing can be protected by copyright. This includes creative building facades, unique room arrangements, or artistic interior decorations that reflect the designer’s personal style and effort.
Graphical designs are visual creations like logos, symbols, or unique text styles used in products, websites, or branding. These designs help express ideas clearly and creatively, and they can be protected by copyright.
Industrial designs are the artistic touches added to everyday manufactured items like the shape of a chair, the look of a perfume bottle, or stylish product packaging. These include things like jewelry patterns, creative packaging, or furniture designs that make products stand out visually.
Textile designs are creative patterns or styles added to fabrics that are often seen on clothes, curtains, bedsheets, or upholstery. These can include unique weaves, knitting styles, or printed artwork that give fabric items their distinct look and feel. They can be protected under copyright.
Creative and original packaging designs, like eye-catching boxes or unique carton patterns for toys and retail products, can also be protected by copyright. These designs help make products more attractive and stand out on store shelves.
Here is the list of designs that cannot be copyrighted:
Designs made only for practical use like tools or machine parts that focus on function, not looks are not protected by copyright. For example, a gear or handle designed just to work better cannot be copyrighted. It is because copyright protects creative and artistic expression but not utility. This is clearly stated in Section 15 of the Copyright Act, 1957.
According to Indian law, once a design is registered under the Designs Act, 2000, and is reproduced more than 50 times through an industrial process, it loses protection under the Copyright Act. This means that if an artistic design like a fabric print or a unique packaging layout is used on a product and mass-produced, it can no longer be protected as a copyrighted work. Instead, it falls under design law. This rule, stated in Section 15(2) of the Copyright Act, 1957, helps separate artistic work meant for personal use from those created for large-scale commercial production.
Designs that are too simple, common, or lack creativity cannot be copyrighted. For example, basic shapes like circles or commonly used symbols that are found everywhere do not qualify. Copyright protection requires a certain level of creativity and originality in the design.
In India, designs that are copied or plagiarized from existing works, whether domestic or international, cannot be copyrighted. For example, duplicating well-known logos or patterns, or using designs already protected abroad, will not qualify for protection. Additionally, this can lead to legal issues and infringement claims. It also makes the design vulnerable to penalties.
Designs that are offensive, obscene, or disrespectful to cultural, religious, or social values cannot be protected by copyright. This includes graphic designs that are vulgar or content promoting violence or hate. Under Section 4 of the Designs Act, any design violating public morals or legal standards is not eligible for copyright protection and may face legal consequences.
Designs that are not recorded or expressed in a physical form are not eligible for copyright protection. For example, an idea shared verbally or a concept sketch without being documented in any way cannot be copyrighted. Copyright only applies to designs that are “fixed” or made tangible, either in physical or digital form that helps to protect the creator’s work.
Here is the list of documents required to copyright a design in India:
In India, copyright and design protection are two different legal concepts, each governed by separate laws. It is crucial to understand which law protects your creation before proceeding. If you have a design (like patterns, shapes, or configurations applied to an article), it is mainly protected under the Designs Act, 2000, not directly under the Copyright Act, 1957.
Here is the step-by-step process to copyright a design in India:
Step 1: Ensure the Design is Eligible
Artistic works like paintings, drawings, sculptures, photographs, and designs are all eligible for copyright protection. However, if your artwork is used or planned to be used for goods or services, such as a logo, you must get a No Objection Certificate (NOC) from the Trademark Registry, as required under Section 45(1) of the Copyright Act.
Step 2: Prepare the Application
You need to fill out Form XIV along with the Statement of Particulars and Statement of Further Particulars. If you have more than one design, submit a separate application for each. The form must be signed by you or someone you authorize with a Power of Attorney. You must also include two copies of your design (three if it is published), NOCs from collaborators or publishers, and an affidavit if it’s not registered under the Designs Act.
Step 3: Submit the Application
You can easily submit your application online through the official portal of the Copyright Office.
Step 4: Pay the Prescribed Fee
The registration fee for an artistic work is Rs. 500 per design. However, if the work is used or intended to be used for goods or services, such as a logo, the fee increases to Rs. 2,000 per design. Payments can be made online or through a Demand Draft/Indian Postal Order, payable to "Registrar of Copyrights, New Delhi."
Step 5: Acknowledgment and Waiting Period
Once you submit your application, you will receive a Diary Number. There is a 30-day waiting period during which third parties can raise any objections to your design registration.
Step 6: Examination and Objections
If no objections are raised, the application is reviewed for any errors. If objections are filed, both parties are notified and a hearing is scheduled. The Registrar will then make a decision based on the hearing outcomes.
Step 7: Registration Certificate
If the application is approved, you will receive a Certificate of Registration. The entire process usually takes about 2 to 3 months, depending on any objections or examination results.
Step 8: Duration of Copyright
Copyright protection for artistic works lasts for the lifetime of the author plus 60 years after their death.
Step 9: Check Application Status
You can track the status of your application by entering the Diary Number on the official portal of the Copyright Office.
Copyrighting a design offers significant legal and financial benefits, particularly in safeguarding your creative works and providing protection against infringement. In India, registering your design under the Copyright Act, 1957 (or under the Designs Act, 2000, in some cases) can help you maintain control over your intellectual property.
Here are the key reasons:
Copyrighting your design gives you full legal rights over it. It means that without your permission, no one else can use, sell, or copy it. It helps stop others from stealing your work and gives you the power to take action against it. When people know your design is copyrighted, they are less likely to risk using it without approval.
Copyright gives you full ownership and control over your design. This allows you to decide how, when, and where it is used. You can license your design to others, either exclusively or non-exclusively, and earn money while still keeping your rights. If you prefer, you can also sell or transfer your copyright to someone else for a price. This flexibility helps you make the most out of your design, whether you want to keep it, share it, or profit from it.
Copyright protection helps safeguard your design from being stolen or copied by others, which could hurt your business and brand. If someone does use your design without permission, you have the legal right to take action and claim damages. You can also stop them from using it, or even earn royalties. Protecting your design also builds trust with your customers. It helps to maintain a strong and respected brand image.
A copyrighted design can make your product much more valuable, especially if it is unique and catches people’s attention. It helps your product stand out from the competition and gives you a strong advantage in marketing and sales. Owning the copyright proves that the design is truly yours, which can attract investors, licensing partners, or companies looking for something special to add to their brand. It helps to make your design a powerful tool for business growth.
When you copyright your design in India, it is automatically protected in many other countries through international agreements like the Berne Convention. You are not required separate registration in places like the US, Europe, or Japan, etc. This global protection allows you to take legal action if someone uses your design without permission in another country.
In India, copyright protection for a design lasts for the creator’s lifetime plus 60 years, or 60 years from publication for certain works. This long-term protection ensures you maintain control over your design. As long as the copyright is active, you can continue earning through licensing, royalties, or exclusive use. Copyright can be transferred to your heirs or others. This allows the value of your design to continue generating income and benefits for a long period.
Registering your design with the Copyright Office provides legal proof that you own it, which is especially helpful if someone challenges your design’s authenticity. Once registered, your design is added to the public record to prove ownership if someone uses it without permission. In a legal dispute, the person claiming ownership has to prove it for the copyright holder, to protect and defend your work.
Reverse engineering refers to the practice of deconstructing a product to understand its design and make an imitation. Copyright protection helps prevent competitors from reverse-engineering your design and using it in their products. Once copyrighted, your design is still protected, especially if it is registered under design or patent laws.
Conclusion
Copyrighting a design in India secures your creative work, enhances its commercial value, and protects it globally. By following the proper registration steps, you ensure exclusive rights, prevent unauthorized use, and build a stronger brand identity. Safeguarding your design today lays the foundation for lasting recognition, ownership, and financial growth. If you want to register a copyright for your work, contact Online Legal India to get assistance.
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