Define 'design' and analyse non-registrable designs with examples.

CS Professional · Intellectual Property Rights - Law and Practice · PYQS · June 2017
Define 'design' and analyse non-registrable designs with examples.

Answer & Explanation:

Design as per Section 2(d) of the Designs Act, 2000 means only the features of shape, configuration, pattern or ornament or composition of lines or colours or combination thereof applied to any article whether 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. Exceptions: Design does not include any mode or principle or construction or anything which is in substance a mere mechanical device, and does not include any trade mark, as define in clause (v) of sub-section of section 2 of the Trade and Merchandise Marks Act, 1958, property mark or artistic works as defined under section 2(c) of the Copyright Act, 1957. As per section 4 of Design Act, 2000, Design is not registrable in India, if it - is not new or original; 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 priority date of the application; is not significantly distinguishable from known designs or combination of known designs; Comprises or contains scandalous or obscene matter. An illustrative list of non-registrable designs is as under: Book jackets, calendars, certificates, forms and 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 of signs of any country. Layout designs of integrated circuits.

Topics: Design Law

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