What is not a design under the Designs Act, 2000? Explain with illustrations.

CS Professional · Intellectual Property Rights - Law and Practice · PYQS · December 2015
What is not a design under the Designs Act, 2000? Explain with illustrations.

Answer & Explanation:

Under the Designs Act, 2000, a 'design' refers to the features of shape, configuration, pattern, ornament or composition of lines or colours applied to any article whether in 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; but does not include any mode or principle of construction or anything which is in substance a mere mechanical device, and does not include any trade mark as defined in clause (v) of sub-section (1) of section 2 of the Trade and Merchandise Marks Act, 1958 (43 of 1958) or property mark as defined in section 479 of the Indian Penal Code, 1860 (45 of 1860) or any artistic work as defined in clause (c) of section 2 of the Copyright Act, 1957 (14 of 1957). What is NOT a design under the Designs Act, 2000: A design specifically excludes the following: Any trademark: As defined in Section 2(zb) of the Trademarks Act, 1999. Trademarks are used to distinguish goods or services of one undertaking from those of other undertakings. Any property mark: As defined in Section 479 of the Indian Penal Code, 1860. Property marks are used to denote ownership of goods. Any artistic work: As defined in Section 2(c) of the Copyright Act, 1957. Artistic works are protected under copyright law. Artistic Work (as per Copyright Act, 1957): Artistic work includes: 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 other work of artistic craftsmanship. Illustrative Examples of Non-Registrable Designs: Based on the exclusions, the following would generally not be registrable as designs: Literary or Artistic Content: Book jackets, calendars, certificates, forms, and other documents (these are typically protected by copyright as literary or artistic works). Greeting cards, leaflets, maps, and plan cards (also fall under copyright). Postcards, stamps, and medals (if the artistic element is the primary feature, it's copyright). Labels, tokens, cards, and cartoons (often protected as trademarks or artistic works). Functional Aspects: Any principle or mode of construction of an article (designs protect aesthetic features, not functional principles). Anything which is in substance a mere mechanical device (designs do not protect mechanical utility). Minor or Insignificant Changes: Mere workshop alterations of components of an assembly (must have novelty and originality). Mere change in size of an article (does not typically confer novelty or originality). State/National Symbols: Flags, emblems, or signs of any country (these are usually protected under specific national laws or international conventions, not as industrial designs). Integrated Circuit Layouts: Layout designs of integrated circuits (these are protected under the Semiconductor Integrated Circuits Layout-Design Act, 2000, not the Designs Act). In essence, the Designs Act focuses on the aesthetic appeal of an article that is industrially applied, distinguishing it from functional aspects, literary/artistic content, and brand identifiers, which are protected under other specific IP laws.

Topics: Designs Act, 2000

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