Amit has designed a teacup having a hollow receptacle for holding tea and a handle to hold the cup. Can Amit register it under the Designs Act, 2000? Would your answer be different if the teacup has a fancy shape or orna

The Designs Act, 2000 excludes from its purview the functioning features of an article and grants protection only to those which have an aesthetic appeal. For example, the design of a teacup must have a hollow receptacle for holding tea and a handle to hold the cup. These are functional features that cannot be a registered. But a fancy shape or ornamentation on it would be registrable. Similarly, a table, for example, would have a flat surface on which other objects can be placed. This is its functional element. But its shape, colour or the way it is supported by legs or otherwise, are all elements of design or artistic elements and therefore, registrable if unique and novel. In view of the above, Amit cannot register the design of the teacup under the Designs Act, 2000 whereas fancy shape or ornamentation on it is registrable.