What is not a design under the Designs Act, 2000? Provide illustrations.
CS Professional · Intellectual Property Rights - Law and Practice · PYQS · December 2021
What is not a design under the Designs Act, 2000? Provide illustrations.
Answer & Explanation:
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 Copyright Act, 1957. The expression "Artistic Work" in (iii) above means 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. The designs falling under the following category are not eligible for registration; Not new or original; Disclosed to the public anywhere in India or in any other country by publication or by use or in any other way prior to the date of filing; Not significantly distinguishable from known designs or combination of known designs; Comprises or contains scandalous or obscene matter. Further to this any article falling in the following categories are also not registrable under the Designs Act,: book jackets, calendars, certificates, forms and other documents. dress making patterns, greeting cards, leaflets, maps and plan cards. post cards, stamps and medals. labels, tokens, cards and cartoons any principle or mode of construction of an article. mere workshop alterations of components of an assembly. mere change in size of article. flags, emblems or signs of any country. layout designs of integrated circuits. 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.
Topics: Intellectual Property Rights
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