ES Ltd., a telecommunications company, is in the design phase of a new device that incorporates a cell phone with Internet capabilities. There is a concern that the new device may have nearly the same design as their com

ES Ltd. should comply with the following essential requirements for the registration of 'Design' under the Design Act: The design should be new or original, not previously published or used in any country before the date of application for registration. The novelty may reside in the application of a known shape or pattern to new subject matter. The design should relate to features of shape, configuration, pattern or ornamentation applied or applicable to an article. The design should be applied or applicable to any article by any industrial process. The features of the design in the finished article should appeal to and are judged solely by the eye. This implies that the design must appear and should be visible on the finished article, for which it is meant. Any mode or principle of construction or operation or anything which is in substance a mere mechanical device, would not be a registrable design. For instance, a key having its novelty only in the shape of its corrugation or bent at the portion intended to engage with levers inside the lock associated with, cannot be registered as a design under the Act. The design should not include any Trade Mark or property mark or artistic works as defined under the Copyright Act, 1957.