Designs Act, 2000 is the
new law relating to Industrial Designs, which
repeals and replaces the earlier Designs Act,
1911.
A 'design' is defined to
mean only the features of shape, configuration,
pattern ornament or composition of lines or
colours applied to any two or three dimensional
article by any manual, mechanical or chemical,
industrial process or means, which in the finished
article appeal to and are judged solely by the
eye; but does not include any mode or principle
of construction or anything which is in substance
a mere mechanical device and does not include
any trade mark or property mark or artistic
work. Unlike the trademark, a design covers
the whole body of the goods and is part and
parcel of the goods themselves.
A proprietor of new and
original design can apply for registration.
Functional designs are not registrable.
There are certain designs
which can qualify for registration both under
the Designs Act and the Copyright Act, and they
cannot be applied at the same time for protection
of the same subject matter.
Registration of rights
gives the following rights:
Right to exclusive use
of the design
Right to protect the
design from piracy
Usage of rights even
against the Government
The Controller-General
of Patents Designs and Trade Marks administers
the registration of designs.
