Copyright Registration in India and Designs for Foreign Companies

Written by CA Nandini Hasija, Krystal7 Consultants. Last updated 23 October 2026.

A foreign company does not need to register copyright in India to be protected. Section 40 of the Copyright Act, 1957 and the International Copyright Order, 1999 extend protection to works from Berne Convention countries. Registration on Form XIV still helps, because section 48 makes the Register prima facie evidence of ownership. It costs INR 500 per literary or artistic work, including software. Designs are different: they must be registered under the Designs Act, 2000 to be protected.

This page covers copyright registration for foreign owners, including software and website code. It then covers design filings with six month priority, and who owns work made inside an Indian subsidiary.

Does a foreign company need to register copyright in India?

No. Copyright in India arises automatically when a work is created. The Copyright Office says acquiring copyright needs no formality (IP India copyright FAQ). Section 40 of the Copyright Act, 1957 lets the Central Government extend the Act to foreign works by order.

The International Copyright Order, 1999 is that order, and the IP India text of the Act cites it in the footnote to section 40. It protects works of nationals of Berne Convention countries, and works first published there, on the same footing as Indian works. If the author's country is outside the Berne Convention, read the order's text before you rely on it.

Designs work the other way. A design gets protection only once it is registered under the Designs Act, 2000. Section 15 of the Copyright Act then removes copyright from a registered design.

Feature	Copyright	Registered design
Law	Copyright Act, 1957; Copyright Rules, 2013	Designs Act, 2000; Designs Rules, 2001
Office	Copyright Office (Registrar of Copyrights)	Patent Office, Designs Wing (Controller)
What it protects	Literary, dramatic, musical and artistic works, films, sound recordings, software	The shape, configuration, pattern, ornament or composition of lines or colours applied to an article
Registration needed for protection	No	Yes
Test	Originality	Novelty and originality, judged worldwide (section 4)
Term	Author's life plus 60 years for published literary and artistic works (section 22)	10 years from registration, extendable by 5 years (section 11)
Application form	Form XIV (rule 70)	Form 1 (sections 5 and 44)
Official fee for a company	INR 500 per literary or artistic work	INR 4,000 per application
Foreign priority	Not needed	Within 6 months of the first convention application (section 44)

Sources: Copyright Act, 1957; Designs Act, 2000; Copyright Office fee page (last updated 8 Jun 2026); Designs Rules First Schedule.

Why register copyright in India if protection is automatic?

Registration gives evidence. Section 48 makes the Register of Copyrights prima facie evidence of the particulars entered in it, and certified copies are admissible in all courts. Without it, the owner must prove authorship, the date of creation and the chain of title from scratch.

We see registration help in four situations. The first is an infringement suit or a police complaint, where a certificate shortens the proof. The second is a takedown request to a platform or marketplace that asks for proof of ownership. The third is due diligence, where an investor or buyer checks that the Indian subsidiary or the parent holds title to the code. The fourth is a licence or assignment, where a registered entry shows who owned the work before the deal.

The Copyright Office received 44,095 applications and completed 26,767 registrations in 2024-25 (IP India Annual Report 2024-25).

How do you register copyright in India from abroad?

File Form XIV online with the Copyright Office, with a Statement of Particulars, copies of the work and the fee. Rule 70 of the Copyright Rules, 2013 requires one application per work. A foreign company usually files through an Indian advocate under a power of attorney.

The applicant can be the author or the owner of the rights. If the owner files, it encloses a no objection certificate (NOC) from the author under rule 70(3). The Copyright Office checklist adds a firm point: a company cannot itself be the author (IP India checklist). The application must name the human creators.

Document	When it is needed	Source
Form XIV with Statement of Particulars	Every application	Rule 70(1)
Fee	Every application, per work	Rule 70(2), Second Schedule
Copies of the work	Two copies for an unpublished work; copies by category for others	Rule 70(4), checklist
NOC from the author	Where the applicant is not the author	Rule 70(3), checklist
NOC from the publisher	Where someone other than the applicant published the work	Checklist
Power of attorney	Where an advocate files for the applicant	Checklist, FAQ
Source code extract	Computer programmes	Rule 70(5), as amended in 2021
Search certificate from the Trade Marks Registry	Artistic work used or capable of use on goods or services	Section 45(1) proviso, rule 70(6)
Affidavit on design status	Artistic work capable of design registration	Rule 70(7)
Assignment deed	Where the applicant owns the work by assignment	Section 19, checklist

Under rule 70(9), the applicant must give notice to anyone who claims an interest in the work. The Copyright Office then publishes the application in its list of applications awaiting objections.

How long does copyright registration take and what does it cost?

Rule 70(10) makes the Registrar wait 30 days from receipt for objections. The Copyright Office FAQ says registration then takes around two to three months in the normal course. If the examiner finds discrepancies, the applicant usually gets about 45 days to fix them.

Stage	What happens	Time
Filing	Form XIV filed online; a diary number issues	Day of filing
Objection window	Any person may object to the entry	30 days from receipt (rule 70(10))
Examination	Examiner checks the particulars and copies	Around 2 to 3 months in the normal course (IP India FAQ)
Discrepancy letter	Applicant answers the examiner	Usually about 45 days (IP India FAQ)
Hearing	Only if an objection is filed or the reply does not satisfy the Registrar	Set by hearing notice
Registration	Registrar signs and issues the extract of entries	Rule 70(13)

The fee depends on the type of work. These are the Copyright Office figures on its fee page, last updated 8 Jun 2026.

Type of work	Registration fee (INR per work)	Fee for change in particulars (INR per work)
Literary, dramatic, musical or artistic work (software is filed as a literary work)	500	200
Literary or artistic work used or capable of use on goods or services	2,000	1,000
Cinematograph film	5,000	2,000
Sound recording	2,000	1,000
Trade Marks Registry search and certificate on Form TM-C, for artistic work used on goods	9,000 (online)	Not applicable

Sources: Copyright Office fee page; Trade Marks Rules, 2017, First Schedule, entry 6.

How do you register software and website content?

Software is registered as a literary work. Section 2(o) of the Copyright Act includes computer programmes in "literary work". Section 2(ffc) defines a computer programme as a set of instructions in words, codes, schemes or any other form. The fee is INR 500 per programme.

Rule 70(5) asks for an extract of the source code. The Copyright (Amendment) Rules, 2021 (G.S.R. 225(E) of 30 Mar 2021) set the extract (amendment text). It is at least the first 10 and last 10 pages of source code, or the whole code if it has fewer than 20 pages. No portion may be blocked out or redacted. Plan the extract so that it does not expose trade secrets, because the deposited pages cannot be masked.

We treat a major release with substantial new code as a new work and register it separately. The earlier certificate still covers the base code.

A website cannot be registered as a whole. The Copyright Office FAQ says the applicant must file a separate application for each component work on the site. In practice, the text goes in as a literary work and the graphics and photographs as artistic works. Videos go in as films, and the code as a computer programme.

For a computer generated work, section 2(d)(vi) makes the author the person who causes the work to be created. Where a group uses generative tools, record who directed the work, because the Copyright Office needs a human author named on Form XIV.

Does a logo need copyright registration as well as a trademark?

A logo is an artistic work and a trademark at the same time. Registering it as a trademark protects it as a badge of origin for named goods and services. Registering the artwork as copyright protects the drawing itself, including against copying on unrelated goods.

For artistic work used on goods or services, the section 45(1) proviso requires a certificate from the Registrar of Trade Marks. The certificate confirms that no one else has registered or applied for an identical or deceptively similar mark. The applicant gets it by filing Form TM-C at INR 9,000 online, and the copyright fee rises to INR 2,000 per work.

We file the trademark application and the Form TM-C request together. The copyright application follows once the search certificate issues. Our trademark guide for foreign brands covers the Form TM-A route.

What does the Designs Act, 2000 protect?

The Designs Act, 2000 protects the look of an article. Section 2(d) covers shape, configuration, pattern, ornament or composition of lines or colours applied to an article, judged solely by the eye. It excludes modes of construction, mechanical devices, trademarks, property marks and artistic works.

Section 4 bars a design that is not new or original. It also bars a design the public has seen anywhere in India or abroad before the filing or priority date. Section 4 further bars a design that is not significantly distinguishable from known designs, and scandalous or obscene matter. So a product shown publicly in the US before the Indian filing date has lost novelty in India. Where priority is claimed, the test date is the priority date.

There are two limited safe harbours. Section 16 says disclosure in good faith to another person in confidence does not destroy novelty. Section 21 protects a design shown at an exhibition the Central Government has notified. The exhibitor must give the Controller notice first, and the application must follow within six months of the first exhibition.

Copyright and design protection meet in section 15 of the Copyright Act. A registered design has no copyright. An unregistered design that could be registered loses its copyright after more than fifty industrial reproductions by the owner or a licensee. A product company that mass produces in India should therefore register the design before production.

How does a foreign company file a design application in India?

File Form 1 with four copies of the representations, naming the Locarno class and the article (rule 11 of the Designs Rules, 2001). Each application covers one class (rule 11(3)). A foreign company files through an Indian patent agent or advocate and pays INR 4,000 per application.

Rule 10 classifies articles under the current edition of the Locarno Classification published by WIPO. The Designs (Amendment) Rules, 2021 (G.S.R. 45(E) of 25 Jan 2021) made this change (amendment text). The current edition has 32 classes (WIPO LocPub). Choose the class that matches the article as sold, because protection is limited to the class registered.

A foreign owner can claim priority from its home filing. Section 44 and rule 15 allow a reciprocity application within six months of the first application in the United Kingdom or a convention country. The certified copy of the first application goes in with the Indian application, or within a further three months if the Controller allows. Section 44(1) gives the Indian registration the same date as the first foreign application. Damages for piracy run only from the date of actual registration in India.

India is not a member of the Hague Agreement for industrial designs, as WIPO noted on 16 Jul 2026 (WIPO webinar slides). A Hague international registration cannot designate India, so a foreign company must file in India directly.

Step	What happens	Time limit and source
First filing abroad	Priority date set	Day 0
Indian filing with priority claim	Form 1 with representations and priority details	Within 6 months of the first filing (section 44, rule 15(1))
Certified priority document	Filed with the application or later	Within a further 3 months if allowed (rule 15(2))
Examination and objections	Examiner reports; applicant removes each objection or asks for a hearing	Within 3 months of the objection letter, or the application is deemed withdrawn (rule 18(1))
Completion of the application	All objections removed	Within 6 months of filing, extendable by 3 months on Form 18 before the six months end (rule 18(1)); otherwise deemed abandoned (rule 21)
Registration and publication	Particulars published in the Official Gazette	Rule 22; registration dates from the filing date (section 5), or from the first foreign application where priority is claimed (section 44(1))
Extension	Form 3 before the tenth year ends	Section 11

Action	Form	Natural person, startup or small entity (INR)	Others (INR)
Application for registration	Form 1	1,000	4,000
Extension of term by 5 years	Form 3	2,000	8,000
Restoration of a lapsed design	Form 4	1,000, plus an additional 1,000	4,000, plus an additional 4,000
Cancellation petition	Form 8	1,500	6,000
Registration of an assignment or licence, first design	Form 10	500	2,000
Each further design in the same document	Form 10	200	800

Source: Designs Rules, 2001, First Schedule, checked on 23 Oct 2026. Under the 2021 amendment, a foreign entity can claim the startup rate. It must meet the Startup India turnover and age tests and file Form 24 with an affidavit and supporting documents.

How long does design protection last and how is it enforced?

A registered design lasts ten years from the registration date, which is the filing date under section 5. Where priority is claimed, section 44(1) dates the registration from the first foreign application. The ten years then count from that earlier date. Section 11 allows one extension of five years on Form 3, for a total of fifteen years. A lapsed design can be restored on Form 4 under section 12.

Section 22 makes piracy of a registered design unlawful. The owner can recover up to INR 25,000 for each contravention as a contract debt, capped at INR 50,000 for any one design. Or it can sue for damages and an injunction. A suit cannot be filed in a court below a District Judge. If the defendant pleads a cancellation ground, the suit moves to the High Court.

Any interested person can petition to cancel a registration under section 19, for example on prior publication or lack of novelty. Keep the evidence of your design's creation date and first disclosure, because a cancellation petition usually turns on dates.

Who owns work created by employees of the Indian subsidiary?

The Indian subsidiary owns it, not the parent. Section 17(c) of the Copyright Act makes the employer the first owner of work made in the course of employment under a contract of service. An agreement can say otherwise. The employer here is the Indian company that employs the staff.

So software written by the subsidiary's engineers belongs to the subsidiary. If the group wants the parent to hold the code, the subsidiary must assign it in writing under section 19. An intra group agreement signed after the code exists works, but a framework agreement signed at the start is cleaner.

Designs follow a different rule. Section 2(j) of the Designs Act makes the author the proprietor, except where the author executes the design for good consideration for another person. In that case the person for whom the design was made is the proprietor. We still add an express assignment clause to employment contracts, because the Designs Act does not mention employment by name.

Employees keep moral rights under section 57 of the Copyright Act, including the right to claim authorship. An assignment of copyright does not transfer these rights.

Who owns work created by contractors, agencies and EOR staff?

A contractor owns the copyright in what it creates, unless it assigns it in writing. Section 17 gives the commissioner first ownership only for photographs, portraits, paintings, engravings and films made for valuable consideration (section 17(b)). Code, text, logos and illustrations made by a freelancer or an agency stay with the creator without an assignment.

Who made the work	First owner of copyright	First owner of a design	What to sign
Employee of the Indian subsidiary, in the course of employment	Indian subsidiary (section 17(c))	Indian subsidiary, as the person for whom it was made (section 2(j))	IP clause in the employment contract; intra group assignment to the parent if wanted
Freelancer or agency in India	The freelancer or agency	The commissioning company, if made for good consideration (section 2(j))	Written assignment under section 19, signed and dated
Commissioned photograph or film	The person who commissioned it (section 17(b))	Not applicable	Written agreement confirming ownership and use
Worker hired through an Employer of Record	The EOR, as employer (section 17(c)), unless the EOR contract assigns it	Check the EOR contract	Assignment from the EOR to the client, plus the worker's acknowledgement
Employee of the foreign parent seconded to India	Depends on who employs the person under the contract of service	Same question	Secondment letter stating who owns the work

Sources: Copyright Act, 1957, sections 17, 18 and 19; Designs Act, 2000, section 2(j).

We see the Employer of Record row catch groups out. The EOR is the legal employer, so section 17(c) points to the EOR, not to the client. Our guide on Employer of Record vs subsidiary explains the model. We check that the EOR contract assigns all IP to the client and that the EOR's employment letters carry an IP clause.

How should the Indian subsidiary assign or license IP to the foreign parent?

Use a signed written assignment that names each work, the rights, the territory and the term. Section 19 sets defaults that work against a parent. If the deed names no term, the assignment lasts five years (section 19(5)). If it names no territory, it covers India only (section 19(6)).

Section 19(4) adds a trap. If the assignee does not exercise the assigned rights within one year, the assignment lapses unless the deed says otherwise. Write "worldwide, for the full term of copyright, with no lapse under section 19(4)" into every intra group deed.

Section 18 allows an assignment of future works, which takes effect when each work comes into existence. A framework deed signed on day one can therefore cover code the subsidiary writes later. A licence must also be in writing under section 30.

For a registered design, the parent records the assignment on Form 10 within six months of the deed (Designs Act, section 30). Until it is recorded, the deed cannot be used as proof of title without the court's direction. Our IP assignment and licensing service drafts and records these deeds, and our copyright registration service handles Form XIV filings.

How is IP moving between the subsidiary and the parent taxed?

An assignment from the Indian subsidiary to the parent is a supply by the subsidiary. The price is its income. It must be at arm's length, because the parent is an associated enterprise under sections 161 to 173 of the Income Tax Act, 2025. The subsidiary reports it on Form 48 (old Form 3CEB).

For GST, an assignment or licence of IP to a foreign parent is a supply of services. It qualifies as an export of services when the conditions in the IGST Act are met, including payment in foreign exchange. The subsidiary can then supply under a letter of undertaking without paying IGST (GST on export of services, LUT filing).

Under FEMA, the subsidiary must realise the export proceeds. From 1 Oct 2026, FEMA 23(R)/2026-RB requires realisation within nine months from the invoice date for services. It also requires an export declaration for services within 30 days from the end of the invoice month. See our guides to the EDF form and FIRC and eBRC.

The reverse flow differs. A copyright royalty from the subsidiary to the parent needs TDS under section 393 of the Income Tax Act, 2025 (TDS on payments to non residents). The Act rate or the treaty rate applies. For end user software licences, the Supreme Court held in Engineering Analysis Centre of Excellence Private Limited v CIT (Civil Appeal Nos. 8733 and 8734 of 2018, decided 2 Mar 2021) that the payments were not royalty under the treaties it examined. Read the licence terms before you apply that ruling, because a right to copy or modify the code changes the answer.

A common alternative is a contract development model, which avoids a separate assignment price. The parent pays the subsidiary its cost plus a markup, and the contract assigns all IP to the parent as it is created. The markup then carries the transfer pricing question (transfer pricing with a US parent).

What changed in 2026

Area	Old position	Position on 23 Oct 2026	Date	Instrument
Copyright Act offences	Offence for making false entries in the Register of Copyrights (section 67)	Section 67 is omitted, so the Copyright Act no longer has this offence	15 Jun 2026	Jan Vishwas (Amendment of Provisions) Act, 2026 (Act 8 of 2026), Schedule serial 23; commencement by DPIIT notification S.O. 2875(E) of 5 Jun 2026
Tax provisions for royalty and assignment	Income Tax Act, 1961 (sections 195, 92 to 92F)	Income Tax Act, 2025 (sections 393, 161 to 173)	1 Apr 2026	Income Tax Act, 2025
Transfer pricing report	Form 3CEB	Form 48	1 Apr 2026	Income Tax Rules, 2026
Export realisation for services	Fifteen months under the 2015 regulations from 13 Nov 2025, cut to nine months by FEMA 23(R)/(8)/2026-RB of 5 Jun 2026	Nine months from the invoice date under new regulations	1 Oct 2026	FEMA 23(R)/2026-RB
Export declaration for services	SOFTEX form for software exports	Export declaration within 30 days from the end of the invoice month	1 Oct 2026	FEMA 23(R)/2026-RB, regulation 3(2)
Hague membership	Not a member	Still not a member	WIPO statement of 16 Jul 2026	WIPO

This page was first published on 13 Mar 2026. Since then, the Jan Vishwas (Amendment of Provisions) Bill, 2026 has passed both Houses, by 2 Apr 2026 (PIB, 2 Apr 2026). It amends 784 provisions across 79 Central Acts.

For the Copyright Act, 1957, the Schedule (serial 23) omits section 67 only. DPIIT brought that entry into force from 15 Jun 2026 by notification S.O. 2875(E) dated 5 Jun 2026, in the Gazette of India, Extraordinary, Part II, Section 3(ii), No. 2781. It does not touch registration, ownership or the fees on this page. The fees on this page match the Copyright Office fee page and the Designs Rules First Schedule as we read them on 23 Oct 2026.

Worked example

Scenario 1: a UK homeware brand with three product designs

A UK company files UK design applications for a lamp, a flower vase and a bowl on 12 Jan 2027. It plans to sell in India from September 2027.

1. Priority deadline: six months from 12 Jan 2027 is 12 Jul 2027 (section 44). The Indian applications must be filed by that date.
2. Classes: the lamp falls in Locarno class 26 (lighting apparatus) and the bowl in class 7 (household goods). The flower vase falls in class 11 (articles of adornment, subclass 11-02). Each class needs its own application, so the company files three Form 1 applications.
3. Official fees as a company: 3 x INR 4,000 = INR 12,000.
4. If the company qualified as a foreign startup and filed Form 24: 3 x INR 1,000 = INR 3,000.
5. Extension after ten years: 3 x INR 8,000 = INR 24,000 for five more years.
6. If it misses 12 Jul 2027, any publication before the Indian filing counts against novelty under section 4(b). That includes the UK launch and the UK registry's own publication of the designs.

Scenario 2: a US SaaS parent and code written in India

A US company's Indian subsidiary builds the core product under a contract development agreement. The subsidiary's costs for the tax year 2026-27 are INR 5,00,00,000.

1. Ownership: the engineers are the subsidiary's employees, so the subsidiary is the first owner under section 17(c). The agreement assigns all code to the parent as it is created, worldwide and for the full term.
2. Service fee: the agreement pays cost plus a 15 percent markup, which is an assumption for this example. The fee is INR 5,00,00,000 x 1.15 = INR 5,75,00,000.
3. GST: the fee is an export of services under a letter of undertaking, so no IGST is paid.
4. FEMA: for an invoice dated 31 Mar 2027, the proceeds must arrive within nine months, by 31 Dec 2027.
5. Copyright registration: the parent registers two major releases and the product documentation as three works at INR 500 each, which is INR 1,500. It files the source code extracts under rule 70(5).
6. Transfer pricing: the subsidiary reports the fee on Form 48 and keeps a benchmark for the 15 percent markup.

Common mistakes

1. Assuming the parent owns code written by the Indian subsidiary's staff. Section 17(c) gives it to the subsidiary. Fix: sign an intra group assignment, ideally a framework deed covering future works.
2. Leaving the term and territory out of an assignment. Section 19 then limits it to five years and to India. Fix: state "worldwide" and "for the full term of copyright".
3. Forgetting the one year lapse in section 19(4). Fix: exclude the lapse expressly in the deed.
4. Launching a product abroad before filing the Indian design. Section 4 counts worldwide publication. Fix: file in India within six months of the first convention filing.
5. Relying on copyright for a mass produced product. Section 15(2) ends copyright after more than fifty industrial reproductions. Fix: register the design before production.
6. Filing software with redacted source code. Rule 70(5) bars blocked out portions. Fix: choose the first and last ten pages with care.
7. Treating EOR workers as the client's employees for IP purposes. The EOR is the employer under section 17(c). Fix: get an assignment from the EOR and an acknowledgement from the worker.
8. Recording a design assignment late. Section 30 of the Designs Act sets six months. Fix: file Form 10 as soon as the deed is signed.

Checklist

1. List every work and design the group uses in India, with the creator and the date of creation.
2. Identify who employed or engaged each creator, and map first ownership using the table above.
3. Sign intra group assignments that are worldwide, for the full term, and exclude the section 19(4) lapse.
4. Collect NOCs from authors and publishers where the applicant is not the author.
5. Prepare the source code extract under rule 70(5) for each programme you register.
6. File the trademark and obtain the Form TM-C search certificate before registering a logo as artistic work.
7. File Form XIV for each work through an Indian advocate under a power of attorney.
8. Track the 30 day objection window and answer any discrepancy letter within the time given.
9. File Indian design applications within six months of the first convention filing, one class per application.
10. Answer each design objection within three months of the objection letter, and remove all objections within six months of filing (rules 18 and 21). Ask for a further three months on Form 18 before the six months end.
11. Record design assignments on Form 10 within six months of the deed.
12. Set up GST, FEMA and transfer pricing documents before the first invoice for IP or development services.
13. Diarise the design extension on Form 3 before the tenth anniversary of filing.

For a review of your group's IP chain in India, email the list of works, creators and contracts to [email protected].

Frequently Asked Questions

Is copyright registration mandatory in India for a foreign company?+

No. Copyright arises automatically, and the International Copyright Order, 1999, made under section 40 of the Copyright Act, 1957, protects works from Berne Convention countries. Registration on Form XIV is optional. It is still useful because section 48 makes the Register prima facie evidence of ownership in Indian courts.

What is the fee for copyright registration in India?+

The Copyright Office charges INR 500 per literary, dramatic, musical or artistic work, including software. A literary or artistic work used on goods or services costs INR 2,000, a sound recording INR 2,000 and a cinematograph film INR 5,000. Each Form XIV application covers one work under rule 70(2) of the Copyright Rules, 2013.

How long does copyright registration take in India?+

Rule 70(10) of the Copyright Rules, 2013 makes the Registrar wait 30 days for objections. The Copyright Office FAQ says registration then takes around two to three months in the normal course. If the examiner raises a discrepancy, the applicant usually gets about 45 days to answer.

Can a foreign company file a copyright application in India?+

Yes. Rule 70(3) lets the author or the owner of the rights apply. A company that owns the work files with a no objection certificate from each author. The Copyright Office requires the human creators to be named, because a company cannot be the author. A foreign company usually files through an Indian advocate.

How do I register software copyright in India?+

File Form XIV for the programme as a literary work, with a fee of INR 500. Rule 70(5), as amended by the Copyright (Amendment) Rules, 2021, requires at least the first 10 and last 10 pages of source code, or the whole code if shorter than 20 pages. The extract cannot be redacted.

Can I register my website as one copyright?+

No. The Copyright Office FAQ says a website as a whole is not registered. The owner files a separate application for each component, such as the text as a literary work, images as artistic works and code as a computer programme. Each component pays its own fee.

Who owns copyright in code written by employees of my Indian subsidiary?+

The Indian subsidiary, as employer, under section 17(c) of the Copyright Act, 1957, unless an agreement says otherwise. The foreign parent gets ownership only through a written assignment under section 19. A framework deed under section 18 can assign future code as it comes into existence.

Who owns work made by a freelancer in India?+

The freelancer, unless it assigns the copyright in writing under section 19 of the Copyright Act, 1957. Section 17(b) gives the commissioner first ownership only for photographs, portraits, paintings, engravings and films made for valuable consideration. For designs, section 2(j) of the Designs Act, 2000 gives a design made for good consideration to the commissioner.

What happens if an assignment deed does not state the term or territory?+

Section 19(5) of the Copyright Act, 1957 limits an assignment with no stated term to five years. Section 19(6) presumes the territory is India. Section 19(4) also makes an assignment lapse if the rights are not exercised within one year, unless the deed says otherwise.

What is the novelty test for a design in India?+

Section 4 of the Designs Act, 2000 bars a design that is not new or original, or that was disclosed to the public anywhere in India or any other country before the filing or priority date. A design also fails if it is not significantly distinguishable from known designs or combinations of known designs.

How long do I have to claim design priority in India?+

Six months from the first application in the United Kingdom or a convention country, under section 44 of the Designs Act, 2000 and rule 15 of the Designs Rules, 2001. The certified copy of the first application goes in with the Indian application, or within a further three months if the Controller allows.

Can I designate India in a Hague international design application?+

No. India is not a member of the Hague Agreement, as WIPO noted on 16 Jul 2026. A foreign company must file Form 1 with the Indian Patent Office, Designs Wing, through an Indian agent, and can claim six month convention priority under section 44 of the Designs Act, 2000.

How many Locarno classes can one Indian design application cover?+

One. Rule 11(3) of the Designs Rules, 2001 requires a separate application in each class of article. Rule 10, as amended in 2021, applies the current edition of the Locarno Classification published by WIPO, which has 32 classes. Protection covers only the class in which the design is registered.

How long does design registration last in India?+

Ten years from the registration date, which section 5 of the Designs Act, 2000 fixes as the filing date, or the first foreign application date where priority is claimed under section 44(1). Section 11 allows one extension of five years on Form 3, at INR 8,000 for a company. The maximum term is fifteen years.

What can I recover for design piracy in India?+

Section 22 of the Designs Act, 2000 lets the owner recover up to INR 25,000 for each contravention as a contract debt, capped at INR 50,000 for one design. The owner can instead sue for damages and an injunction. Damages run only from actual registration in India for a priority based filing.

Does a product design lose copyright if I do not register it?+

Yes, once it is mass produced. Section 15(2) of the Copyright Act, 1957 ends copyright in a design capable of registration once the article is reproduced more than fifty times by an industrial process by the owner or a licensee. Register the design under the Designs Act, 2000 before production.

Sources

• Government of India, Copyright Act, 1957 (text on IP India), https://ipindia.gov.in/storage/uploads/docs-operator/910cd3b9-98b0-4713-bbd8-db4d02f95d1c.pdf
• Government of India, Copyright Rules, 2013 (text on IP India), https://ipindia.gov.in/storage/uploads/docs-operator/71c5fee6-7cb4-4cc7-b708-3d8cafecc7ea.pdf
• DPIIT, Copyright (Amendment) Rules, 2021, G.S.R. 225(E), 30 Mar 2021, https://ipindia.gov.in/storage/uploads/docs-operator/92964b95-f0d1-4a54-9708-481d47560557.pdf
• Copyright Office, Fee details, last updated 8 Jun 2026, https://copyright.gov.in/frmFeeDetailsShow.aspx
• Office of the CGPDTM, Copyright FAQs, https://ipindia.gov.in/page-content/faqs-1
• Office of the CGPDTM, Copyright registration checklist, https://ipindia.gov.in/check-list
• Government of India, Designs Act, 2000 (text on IP India), https://ipindia.gov.in/storage/uploads/docs-operator/b86a073f-f3f5-4484-b98c-1ca21cd846a3.pdf
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• Office of the CGPDTM, First Schedule to the Designs Rules, 2001 (fees), https://ipindia.gov.in/storage/manual-content/ccf994c4-8cf6-4262-8781-135f31dcdc6f.pdf
• Office of the CGPDTM, Designs Rules, 2001, rules 11, 15 and 21, https://ipindia.gov.in/acts/designs-rules-2001/rule-11-2
• WIPO, Locarno Classification, LocPub, https://locpub.wipo.int/enfr
• WIPO, webinar slides on brand and design protection in India, 16 Jul 2026, https://www.wipo.int/edocs/mdocs/madrid/en/wipo_webinar_madrid_2026_27/wipo_webinar_madrid_2026_27_presentation3.pdf
• Office of the CGPDTM, Annual Report 2024-25, https://ipindia.gov.in/storage/uploads/media/English_Annual_Report_2024-25.pdf
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• Supreme Court of India, Engineering Analysis Centre of Excellence Private Limited v Commissioner of Income Tax, Civil Appeal Nos. 8733 and 8734 of 2018, 2 Mar 2021, https://www.sci.gov.in/