Designs and Design Law in India

Introduction 

Design registration represents an important form of intellectual property protection that safeguards the visual and ornamental features of products. It serves as a powerful tool for protecting creative design work, rewarding innovation in product aesthetics, and promoting competitive advantage in the marketplace through distinctive product appearance. 

• The design protection system recognizes that the external appearance of products plays a crucial role in consumer choice and market success, and protects the rights of designers and manufacturers to exclusively use their original visual designs. 

What are Designs? 

• A Design is a form of intellectual property protection focusing on the aesthetic aspects of products. 
• It is a designation applied to the features of shape, configuration, pattern, ornament or composition of lines or colors applied to any article, indicating that these features appeal to and are judged solely by the eye. 
• The Designs Act, 2000 defines "Design" as only the features of shape, configuration, pattern, ornament or composition of lines or colours applied to any article whether in two dimensional or three dimensional or in both forms, by any industrial process or means, whether manual, mechanical or chemical, separate or combined, which in the finished article appeal to and are judged solely by the eye. 
• Design protection is applicable to articles of manufacture where the visual appearance influences consumer choice, including products like cars, televisions, furniture, bottles and other manufactured goods that compete based on aesthetic appeal. 

Scope and Limitations of Design Protection 

The Designs Act, 2000 specifically excludes certain elements from design protection: 

• Functional Aspects: Any mode or principle of construction or functional features are not covered under the Act. 
• Mechanical Devices: Anything which is in substance a mere mechanical device cannot be registered as a design. 
• The Act focuses exclusively on features that appeal to the eye and provide visual distinctiveness, not on how a product works or its utilitarian aspects. 

Designs Not Registrable under the Act 

For a design to be registrable in India, it must not fall under any of the following categories of exclusion: 

• Lack of Novelty or Originality: A design which is not new or original cannot be registered. 
• Prior Disclosure: A design that has been disclosed to the public anywhere in India or in any other country by publication in tangible form or by use in any other way prior to the filing date, or where applicable, the priority date of the application for registration, is not registrable. 
• Lack of Distinctive Character: A design which is not significantly distinguishable from known designs or combination of known designs cannot be registered. 
• Scandalous or Obscene Matter: A design which comprises or contains scandalous or obscene matter shall not be registered. 

These exclusions ensure that only genuinely new, original, and distinctive designs receive legal protection. 

What is an Article under the Designs Act, 2000? 

• Under the Designs Act, 2000, an "Article" has a specific legal meaning: 
• Article means any article of manufacture and any substance, artificial, or partly artificial and partly natural. 
• The definition includes any part of an article capable of being made and sold separately, recognizing that individual components of products may also have distinctive designs worthy of protection. 

Object of Registration of Designs 

• The Designs Act, 2000 protects new or original designs created to be applied or applicable to particular articles to be manufactured by industrial process or means. 
• The fundamental purpose of design registration is to recognize that consumer purchasing decisions are influenced not only by practical efficiency but also by visual appearance and aesthetic appeal. 
• The primary object of design registration is to ensure that the artisan, creator or originator of a design is not deprived of his bonafide reward by others applying it to their goods. 
• This protection system encourages innovation in product design, rewards creative effort, and prevents unauthorized copying of distinctive visual features that provide competitive advantages in the marketplace. 

Market Significance of Design Protection 

• The external design, color scheme or ornamentation of a product plays a key role in determining the market acceptability of the product over other similar products. 
• When products have similar functional features or comparable price tags, the eye appeal or visual design becomes the determining factor in consumer choice. 
• Consumers may even choose more expensive items based on better aesthetic appearance, color scheme, or design elements that suit their personal taste and preferences. 
• The Designs Act, 2000 provides a legal framework for protecting these valuable design features, ensuring that creators can benefit from their innovative work and maintain competitive advantages in the marketplace.