Calcutta High Court Clarifies Design Registration Expiry in Harpic Row

In a significant intellectual property development, the Calcutta High Court recently clarified the legal position regarding the expiry of design registration in a dispute involving the well-known toilet cleaner brand Harpic.

The case raised important questions about how long design protection lasts and what happens when the registered design period expires.

Background of the Dispute

The dispute arose when a company alleged that another product was copying the distinctive bottle design used for Harpic toilet cleaner. The argument was based on the claim that the product’s packaging and bottle shape were protected under the Designs Act, 2000.

However, during the proceedings, the court examined whether the design registration was still valid or had already expired.

Court’s Observation

The Calcutta High Court clarified that design protection under the Designs Act is not permanent. A registered design is initially protected for 10 years, and it can be extended for an additional 5 years, making the maximum protection period 15 years.

Once this period expires, the design falls into the public domain, meaning other manufacturers may legally use similar designs.

Conclusion

The Harpic design dispute serves as an important reminder that design registration has a limited lifespan. Once it expires, competitors may legally adopt similar designs unless other intellectual property rights apply.

For companies, a well-planned IP strategy—combining design protection, trademark registration, and expert guidance from a trademark consultant—is essential to safeguard brand identity and market position.