A design is something which is applied to an "article" and furthur 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.
What is Design?
A Design is the ornamental or aesthetic aspect of an article. The design may consist of three- dimensional features such as the sharper or configuration of an article or of two- dimensional features such as patterns lines or colour.
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 registered a Design ?
When you claim novelty or originality in your design, it is advisable to register such design under the Designs Act before you bring such designed article into market.
What are the Designs prohibited from registration ?
The following designs are prohibited from registration : i. A design, which is not new or original. ii. A design, which has been disclosed, to the public anywhere in the World prior to the filing date or the priority date of application. iii. A design which is not significantly distinguishable from known design or combination of known design. iv. A design which comprises or contains scandalous or obscene matter. v. 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.