What is the purpose of design registration ? What is not a "design" as per the provision of the Designs Act, 2000 ?

'Design' refers to the unique aspects of shape, figure, blueprints or decorations or composition of lines or hues or combination thereof given to an article, which may be 2 dimensional or 3 dimensional or in both formats, by any manufacturing procedure or mode. The process involved in creation of the design may be manual, mechanical, automated or chemical, separate or all-inclusive, by which the finished article appeal to and can be identified solely by the eye. However, this does not contain any mode or a standard or construction or anything which is in material a mere mechanical device. The Purpose of obtaining the design registration under the Designs Act is to safeguard a novel or an innovative design so created which is to be applied to a specific article under manufacturing process through an Industrial Process or mode. At times, we see that the buying behaviour of the customers towards some articles for consumption is inclined not only by their actual product quality but also by the design of their appearance, e.g., a mobile phone or goggles. The main objective of obtaining a design Registration is to make sure that the particular artisan, creator, craftsman, engineer or the designer of that design having unique appearance is not deprived and deceived of his bonafide reward by some copycats, who might tend to use his design to their goods. The key reasons as to why a business entity needs a Design Registration: To get effectual and well-situated legal shield for safeguard of unique designs in India from being imitated or misused. To promote and develop creativity and originality. It is a mandatory compliance for all the companies located in the WTO Member nations who have signed the Trade-Related Aspects of Intellectual Property Rights (TRIPs) Agreement. The important purpose of design Registration is to see that the artisan, creator, originator of a design having aesthetic look is not deprived of his due reward by others applying it to their goods. As stated in the definition of the design above, design does not include: Any Trademark, as defined in Section 2(zb) of the Trademarks Act, 1999, or Any property mark, as defined in Section 479 of the Indian Penal Code, 1860, or Any artistic work, as defined in Section 2(c) of the Copyrights Act, 1957. A painting, sculpture, drawing (including a diagram, map, chart or plan), an engraving or a photograph, whether or not any such work possesses artistic quality. Any work of architecture i.e. any building or structure having an artistic character or design or any mode for such building or structure. Any work of artistic craftsmanship. Colors, verbal elements and sounds are examples of what cannot be protected as a design, since they are not part of the ornamentation of a product. On the other hand, they may seek protection under trademark law. The designs whose appearance respond exclusively to the technical function of the product. It is possible that the technical or functional characteristics of these types of designs can be protected through other intellectual property rights (normally through patents or utility models). Designs that go against public order and certain moral standards. As a general rule, designs that reflect or promote violence or discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation will be denied.