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design is something which is applied to an 'article'
and further such article should have 'appeal and to be
judged solely by the eye'. The appearance of such
design must be striking and it should be 'new or
original '. Hence a design in order to be entitled for
registration under the Designs Act ,2000 must be
either new or original but not previously published in
India. Therefore 'novelty' and 'originality' are
important in a design for registration
FREQUENTLY
ASKED QUESTIONS
What is a Design?
A Design is the ornamental or aesthetic aspect of
an article. The design may consist of three-dimensional
features such as the shape or configuration of an
article or of two-dimensional features such as patterns, lines
or color.
Is functional design registerable?
Designs, which are functional, are not registerable
under the Designs Act,2000.Therefore an industrial
design must be non-functional .This means that an
industrial design is primarily of an aesthetic nature
and does not protect any technical features of the
article to which it is applied.
Why protect Designs?
Designs are what make an article attractive and appealing. Therefore
they add to the commercial value
of the product and increase it marketability. Unless such designs are
registered, nobody could claim
exclusive right in the design.
Is it advisable to register a
Design?
When you claim novelty or originality in your
design, it is advisable to register such design under
the Deigns Act before you bring such designed article
into market.
What are the Designs prohibited from
registration?
The following designs are prohibited from
registration:
- A design, which is not new or original.
- A design, which has been disclosed, to the public
anywhere in the world prior to the filing date or
the priority date of application
- A design, which is not significantly
distinguishable from known design or combination
of known design
- A design, which comprises or contains scandalous
or obscene matter
- A design, which is contrary to public order or
morality.
What are the rights conferred by
the registration of Design?
The registered proprietor of a design has the
exclusive right to apply a design to any article in
any class in which it is registered. This right is
called a copyright in the design. Copyright in a design
can last for a maximum period of fifteen years. Therefore
it becomes public property and anybody
can use it.
OTHER INFORMATION
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