Statutory Definition

• The term ‘design’ is defined in Section 2(d) of the Designs Act, 2000.
  
• It refers to the features of shape, configuration, pattern, ornament, or composition of lines or colors.
  
• These features must be applied to any article by an industrial process or means.
  
• The design must be judged solely by the eye when the article is finished.
  
• It should not include any functional or structural aspects.
  

Scope of Protection

• The protection is granted to aesthetic or visual aspects only.
  
• It applies to two-dimensional, three-dimensional, or a combination of both forms.
  
• The design must enhance the visual appeal of an article.
  
• It must be capable of being applied to a physical, tangible product.
  
• The article must be suitable for industrial production.
  

Exclusions from Definition

• The Act excludes any mode or principle of construction from the definition of design.
  
• It does not cover features dictated purely by the function of the article.
  
• Artistic works protected under copyright law are excluded.
  
• Trademarks and property marks are not included within the meaning of design.
  
• The definition excludes anything that does not appeal to the eye.
  

Key Criteria under the Act

• The design must be new or original.
  
• It should not have been disclosed to the public anywhere in the world.
  
• The design must be significantly distinguishable from known designs.
  
• It must not be scandalous or obscene in nature.
  
• The article should fall within the Locarno Classification system.
  

Purpose and Objective

• The definition aims to encourage innovation in industrial aesthetics.
  
• It ensures creators have exclusive rights to their visual creations.
  
• It promotes commercialization through protected design features.
  
• It provides legal remedies in case of design piracy.
  
• It aligns Indian law with international design protection standards.