In 1911 the Designs Act was passed by the then British Government in India. Since then some amendments have been made in this Act. In the mean while India has made tremendous progress in the field of science and technology. There has been considerable increase in the registration of designs to provide more effective protection for registered designs and to promote design activity in order to promote design element in an Article of Production. It has become necessary to make the legal system to provide protection to industrial designs more efficient. It is also intended to ensure that the law does not unnecessarily extend protection beyond what is necessary to create the required incentive for design activity while removing impediments to the free use of available designs. To achieve these objectives and in order to repeal the Designs Act, 1911 which has been extensively amended, the Designs Bill was introduced in Parliament and the present Designs Act, 2000 is brought into existence.

The salient features of the Act are:

a) It enlarges the scope of definition of Article and Design and introduces definition of Original.

b) It amplifies the scope of Prior Publication.

c) It contains provisions for identification of non-registerable designs.

d) It introduces internationally followed system of classification in the place of Indian classification.

e) It contains a provision for restoration of lapsed designs.

f) It contains a provision for appeal against an order of the Controller to the High Court instead of Central Government as existing before.

g) Enhances the quantum of penalty imposed for infringement of a registered design.

h) It enhances the period of registration from 5 to 10 years.

Under the Designs Act, a design is required to be a new or original design not previously published in India in order that it may be registered. An application for registration of a design must be made to the Controller. If the Controller refuses to register any design presented to him for registration, an appeal lies to the High Court. Where a design is registered the Controller shall grant a Certificate of registration to the Proprietor of the design and an entry shall be made in the register of designs. On registration the registered Proprietor of the design is entitled to a Copy Right in the design from the date of registration.