Legal Definition
- A registrable design in India is defined under Section 2(d) of the Designs Act, 2000.
- It refers to 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 visible and judged solely by the eye.
- It must not include any mode or principle of construction.
Essential Characteristics
- The design must be original and not copied from any existing source.
- It should be new and not disclosed in India or any other country.
- The design must have aesthetic value and visual appeal.
- It should be applied to a tangible article capable of industrial production.
- It must be distinguishable from known designs or combinations.
Scope of Protection
- Registration grants exclusive rights to the visual appearance of the product.
- It protects the design against unauthorized copying or imitation.
- The design must belong to a specific class under Locarno Classification.
- The protection is limited to the features shown in the representation.
- It does not cover functional or mechanical elements of the article.
Exclusions from Registration
- Designs that are functional or dictated by utility are not registrable.
- Designs that have been disclosed to the public before the filing date are excluded.
- Any design that is obscene, scandalous, or contrary to public morality is rejected.
- Designs involving mere mechanical devices are not protected.
- Logos, trademarks, and artistic works under copyright are outside its scope.
Registration Requirements
- Clear representations showing the design from multiple views must be submitted.
- A statement of novelty must be included to highlight the unique elements.
- The application must specify the article and its intended class.
- Applicable government fees must be paid based on applicant category.
The design must comply with the Designs Act, 2000 and the Designs Rules, 2001.
0 Comments