Basic Legal Principle

• A design must focus on aesthetic or visual features to qualify for registration.
  
• Functional elements are not protected under the Designs Act, 2000.
  
• The law protects only those features that appeal to the eye.
  
• A design must not be dictated solely by the article’s function.
  
• The design should serve a decorative purpose rather than a utilitarian one.
  

Treatment of Functional Elements

• Functional features can exist in a design but are not eligible for protection.
  
• Only the ornamental aspects of a product with functional use can be registered.
  
• If the functional elements dominate the design, registration is not allowed.
  
• Aesthetic additions to functional articles can be protected if separable.
  
• The design must not affect the mechanical or technical performance of the product.
  

Examination and Rejection Criteria

• The Design Office examines if the design is purely functional.
  
• Designs that lack decorative value are likely to be rejected.
  
• If the design exists only to perform a function, it is not registrable.
  
• The application must clearly emphasize the visual features.
  
• The burden lies on the applicant to show aesthetic distinction.
  

Examples of Permissible Cases

• A handle with a unique shape may be registered if the shape is decorative.
  
• A bottle design can be protected if the contour adds visual appeal.
  
• A product with both functional and ornamental parts may receive partial protection.
  
• Registered designs must not claim protection for functional engineering.
  
• Items like containers, cases, and tools can be protected if their shape is novel.
  

Legal and Commercial Implications

• Functional features may be eligible for patent protection instead.
  
• Design registration offers no protection for technical utility.
  
• Misclassifying a functional item as a design can lead to invalidation.
  
• Designers must balance visual creativity with utility constraints.
  
• Legal clarity is essential to avoid infringement and ensure enforceability.