Designs Not Eligible for Protection
- Designs that are not new or original are not protected.
- Designs that have been disclosed to the public prior to filing lose eligibility.
- Designs lacking visual appeal or aesthetic value are excluded.
- Purely functional or mechanical features are not protected.
- Designs that are contrary to public order or morality are rejected.
Non-Commercial Use Exceptions
- Private or personal use of a design does not constitute infringement.
- Use for research or experimental purposes is generally exempt.
- Non-profit activities involving the design may fall outside enforcement.
- Temporary or informal use without commercial gain may be overlooked.
- These uses do not trigger liability under the Designs Act.
Functional Features Exclusion
- Design protection does not cover the method or principle of construction.
- Features dictated solely by function are not considered protectable designs.
- Utility patents or technical rights must cover such aspects separately.
- The focus of protection is limited to visual, ornamental features.
- Industrial efficiency alone is not a ground for design registration.
Overlap with Other IP Rights
- A registered design cannot be simultaneously protected as a trademark.
- Designs that qualify as artistic works may be eligible under copyright law.
- Dual protection is excluded once the design is registered under the Designs Act.
- Trademark law does not protect designs used solely for decoration.
- The law prevents overlapping claims to avoid duplication of rights.
Loss of Rights After Lapse or Cancellation
- If a design is not renewed, it enters the public domain.
- Cancelled or revoked designs lose all legal protection.
- Others may use lapsed designs without infringement.
- No legal remedy is available after the design ceases to be in force.
- The exceptions apply only when the registration status is inactive.


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