Design It. Protect It. Why Legal Design Protection Matters for Every Indian Product Startup
If your product stands out in the market, it’s already at risk of being copied. Here’s how to stop that — legally.
The Imitation Problem No One Warns Founders About
You’ve designed a product that’s clean, distinctive, and thoughtfully built — not just another lookalike. Whether it’s a piece of ergonomic furniture, an innovative IoT device, sustainable packaging, or a signature cosmetics container, the design is integral to your brand identity.
But what many Indian founders discover—often too late—is that a unique design doesn’t protect itself.
In today’s hyper-competitive landscape, if your product looks good and performs well, it will almost certainly be copied. And without legal protection, there’s little you can do to stop it.
Why Legal Design Protection Isn’t Optional Anymore
Under the Designs Act, 2000, India provides a robust legal framework for protecting the visual appearance of a product — its shape, configuration, pattern, or ornamentation — provided it’s new and original.
Registering your design with the Indian Design Office grants you:
Legal ownership for 10 years (extendable to 15)
The right to restrain infringers through court orders
The ability to claim damages or account for profits
Access to customs enforcement to block infringing imports
In short: you turn your design into a legally enforceable asset.
Common Scenarios We See at Novitas Legal
Founders often come to us with scenarios like:
🔹 “We launched a unique product design that started gaining attention online, but a few months later, we saw a near-identical product on a marketplace — with no legal basis to act.”
🔹 “A former supplier started selling a product that closely mimics our packaging and dimensions. We have the emails, but no registered design rights.”
🔹 “We sent a legal notice, but the infringer called our bluff — and they were right. We hadn’t registered our design.”
These cases are all preventable — but only before your design goes public.
What Kinds of Designs Can You Legally Protect?
India’s Designs Act allows protection of the visual features of any article that is:
New and original
Not previously published or disclosed
Not dictated solely by function
Eligible products include:
Consumer electronics (e.g., headphones, speakers, wearables)
Furniture, home decor, and lighting
Industrial hardware, tools, and machinery casings
Cosmetics and pharmaceutical packaging
Food and beverage containers
Toys, appliances, and lifestyle accessories
Even if your product is functional, the shape or outer form that gives it identity can be protected.
How Novitas Legal Helps You Protect What You’ve Built
We work closely with early-stage companies, product developers, and D2C founders to integrate design protection into their business growth strategy.
Our services include:
Design audits to identify protectable features
Drafting precise and enforceable design claims
Filing and managing applications with the Design Office
Handling oppositions, infringement actions, and takedowns
Coordinating with customs to block infringing imports
We also ensure alignment with your go-to-market plan, so you’re not slowed down by paperwork — but protected from day one.
FAQs We Often Answer for Founders
Q. What if my product is still evolving?
You can file a design based on early models, and we’ll advise on whether to delay, file provisionally, or segment filings based on iterations.
Q. How early should I register?
Preferably before the product is disclosed publicly. Once disclosed (e.g., in ads, exhibitions, social media), your design may no longer be “new” under the Act.
Q. Is this expensive?
No. Design registration is among the most cost-effective IP protections in India, especially for MSMEs and startups. We offer fixed-fee filing packages.
Q. Can I protect just the packaging?
Absolutely. If the visual look of your packaging is distinct and not dictated solely by function, it is eligible for design protection.
Why This Matters Beyond Legal Risk
Design protection isn’t just defensive — it’s strategic.
It signals seriousness to investors and partners.
It creates enforceable barriers against low-cost replicas.
It builds brand value backed by law.
And it puts you in a strong position for licensing, enforcement, and cross-border expansion.