Design Act, 2000Questions & Answers
In patent law, design means
i. the drawings or
ii. depiction of an original plan or
iii. conception of a novel pattern, model, shape or configuration to be used
iv. in the manufacturing or textile arts or fine arts, and
v. of decorative or ornamental character
Statutory Definition of the term, 'design' as given in Section 2(d) of the Design Act, 2000 is as follows;
"Design" means only the features of shape, configuration, pattern, ornament or composition of lines or colours applied to any article whether in two dimensional or three dimensional or in both forms, by any industrial process or means, whether manual, mechanical or chemical, separate or combined, 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. Functional aspects of design are not covered in this Act.
Thus it can be said that 'Design' denotes only the features in the form of shape, configuration, pattern or ornament in a finished article to which they are applied by an industrial process. They must appeal to the eye, i.e, must have visual representation and must be capable of being adjudged by a mere look.
1. Design has 6 Features
1. Design means only features or outward appearance.
2. Designs has 6 features - and include only shape, configuration, pattern or ornament and includes composition of lines or colors.
2. It must be applied to articles
A design is applied to an article and is not an article itself. An article to which a design is applied must be something which is to be delivered to the purchaser as a finished article.
3. Appeal to Eyes
The features in the finished article appeal to and are judged only by the eyes.
The statutory definition and general meaning mandatorily provide that the design must appeal to the eyes and must be judged only through the eyes and should not be judged by functional considerations. There must be a special, peculiar distinctive, significant or striking appearance - something which catches the eyes.
Designs have no relation to the utility value of the article and they are distinct from 'trade mark' or property marks.
(a) is not new or original; or
(b) has been disclosed to the public any where in India or in any other country by publication in tangible form or by use in any other way prior to the filing date, or where applicable, the priority date of the application for registration; or
(c) is not significantly distinguishable from known designs or combination of known designs; or
(d) comprises or contains scandalous or obscene matter, shall not be registered.
1. Application for registration of designs (S. 5)
2. Substitution of application (S.8)
3. Registration to be in respect of particular article (S.6.)
4. Publication of particulars of registered design (S. 7)
5. Certificate of Registration ( S. 9)
1. That the design has been previously registered in India;
2. That it has been published in India or elsewhere prior to the date of registration;
3. That the design is not new or original;
4. That the design is not registrable;
5. That it is not a design under Clause (d) of Section 2.
Section 22 of the Act deals with the various provisions relating to piracy of Registered designs.
According to S. 22 :
For the purpose of sale of any article, it shall not be lawful for any person : without the written consent or license of the registered proprietor of the existing design
(a) to apply registered design to any article, or any fraudulent or obvious imitation thereof, or
(b) to import any article belonging to the class of already registered design and to which the design or any fraudulent or obvious imitation thereof has been applied; or
(c) to publish or expose an article for which it is known that the registered design or any fraudulent or obvious imitation thereof has been applied.
Remedies in case of Piracy of Registered Designs :
According to S. 22, In case of piracy of a registered design, a registered proprietor may claim from the pirator :
(a) a sum not exceeding twenty-five thousand rupees recoverable as a contract debt, or
(b) to institute a suit in the Court of District Judge
i. for the recovery of damages for the piracy
ii. for an injunction against piracy to restrain the pirator.
However, the total sum recoverable in respect of any one design under clause shall not exceed fifty thousand rupees.