What is a Design?
A Design is the ornamental or aesthetic aspect of an article. The design may consist of three-dimensional features such as the shape or configuration of an article or of two-dimensional features such as patterns, lines or color.
Is functional design registerable?
Designs, which are functional, are not registerable under the Designs Act,2000.Therefore an industrial design must be non-functional .This means that an industrial design is primarily of an aesthetic nature and does not protect any technical features of the article to which it is applied.
Why protect Designs?
Designs are what make an article attractive and appealing. Therefore they add to the commercial value of the product and increase it marketability. Unless such designs are registered, nobody could claim exclusive right in the design.
Is it advisable to register a Design?
When you claim novelty or originality in your design, it is advisable to register such design under the Deigns Act before you bring such designed article into market.
What are the Designs prohibited from registration?
The following designs are prohibited from registration:
* A design, which is not new or original.
* A design, which has been disclosed, to the public anywhere in the world prior to the filing date or the priority date of application
* A design, which is not significantly distinguishable from known design or combination of known design
* A design, which comprises or contains scandalous or obscene matter
* A design, which is contrary to public order or morality.
What are the rights conferred by the registration of Design?
The registered proprietor of a design has the exclusive right to apply a design to any article in any class in which it is registered. This right is called a copyright in the design. Copyright in a design can last for a maximum period of fifteen years. Therefore it becomes public property and anybody can use it.