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What Can Be Protected In A Design Application

  1. What includes ‘Design’ under the Designs Act, 2000?

As per Section 2(d) of the Designs Act, 2000, “design” includes the following features in two dimensional or three dimensional or both forms:

  • Shape;
  • Configuration;
  • Pattern;
  • Ornament;
  • Composition of lines;
  • Composition of colours;

The aforesaid features must be applied to an article. Further, all the above are required to be the result of an industrial process, whether manual, mechanical or chemical, separate or combined, which in the finished article appeal to and are judged solely by the eye.

Exceptions: The following are expressly excluded from being a design:

  • Mode or principle of construction;
  • A mere mechanical device; (i.e., the functional elements)
  • A trade mark;
  • A property mark;
  • An artistic work.
  1. What includes ‘Article’ under the Designs Act, 2000?

As per Section 2(a) of the Designs Act, 2000, the “article” includes any article of manufacture.

Such an article could be any substance, artificial, or partly artificial and partly natural. Also, such an article should be capable of being made and sold separately.

  1. What are the criteria for registration of a ‘design’?
  1. Design must be in accordance with Section 2(d) of the Designs Act. As per Section 2(d), “design” includes the following features in two dimensional or three dimensional or both forms:
  • Shape;
  • Configuration;
  • Pattern;
  • Ornament;
  • Composition of lines;
  • Composition of colours;

The aforesaid features must be applied to an article. Further, all the above are required to be the result of an industrial process, whether manual, mechanical or chemical, separate or combined, which in the finished article appeal to and are judged solely by the eye.

Exceptions: The following are expressly excluded from being a design:

  • Mode or principle of construction;
  • A mere mechanical device; (i.e., the functional elements)
  • A trade mark;
  • A property mark;
  • An artistic work.
  1. Design should be new or original,
  2. Design should not be previously published or used in any country before the date of application,
  3. Design should not be registered prior to the date of application.
  1. Can multiple designs or multiple embodiments of a design be filed in a single design application in India?

No. Multiple designs or multiple embodiments cannot be filed in a single design application. A separate design application for each embodiment or design of the article will have to be filed.

  1. What are the criteria for deciding the novelty of a design in India?

For a design to be novel, the design must be:

  1. not disclosed to the public, anywhere in India or in any other country, by publication or by use or in any other way, prior to the filing date or priority date (if any); and
  2. significantly distinguishable from known designs or a combination of known designs.
  1. Are dotted lines permissible in drawings?

Yes. The dotted lines may be used to identify elements which are not part of the claimed design. In such a case, features of the design for which protection is sought must be shown in solid lines in the drawing.

  1. Does Indian Design law follow any Design Classification System?

Yes. Indian Design law classifies designs in accordance with Locarno Classification under Locarno Agreement.

In the year 2008, Design rules were amended to provide for design classification based on 10th edition of Locarno classification. India was not a signatory to Locarno Agreement at that time and became a signatory only in June 2019. Subsequently, Design rules were amended in January 2021 to formally adopt the classification based on the current edition of Locarno Classification, published by the World Intellectual Property Organization (WIPO).

Although amended Rules adopt the Locarno Classification, this adoption is not without qualification. Amended Rule 10(1) includes a proviso – registration of any design would be subject to the fulfillment of provisions of the Designs Act, 2000 specifically Section 2(a) and 2(d) of the Designs Act, 2000. Thus, even if a subject matter is included in Locarno Classification, it does not inherently become a subject matter eligible for design protection under the Designs Act.

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