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What are the key features of a valid design in IPR?

Novelty and Originality

  • The design must be new and not previously published anywhere.
  • It should not be a mere rearrangement of known designs.
  • The originality must arise from the author’s own creativity.
  • It should not resemble any existing design or combination thereof.
  • The novelty must be evident in the visual appearance of the article.

Visual Appeal

  • The design must be judged solely by the eye.
  • It should possess aesthetic features that enhance the product’s appearance.
  • The visual aspect must be independent of the article’s function.
  • It must create a distinct visual impression.
  • The appeal should be artistic or ornamental in nature.

Industrial Applicability

  • The design must be capable of being applied to an article by industrial process.
  • It should be suitable for mass production without losing identity.
  • The article must be tangible and physically reproducible.
  • The design should retain its features during manufacturing.
  • It must be usable across commercial and industrial sectors.

Non-Functionality

  • The design must not be dictated solely by the function of the article.
  • Functional aspects cannot be protected under design rights.
  • The protected design must not affect the performance or efficiency.
  • Any mechanical or structural element must be excluded from scope.
  • Only decorative aspects are eligible for registration.

Legal Compliance

  • The design must not be contrary to public morality or order.
  • It must comply with the provisions of the Designs Act, 2000.
  • It should not include any scandalous or obscene matter.
  • It must not contain any national emblem or symbol without permission.
  • It should not overlap with trademarks, copyrights, or patents.

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