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Is there a Novelty requirement, If so what is its coverage?

Is there a Novelty requirement, If so what is its coverage?

The Design to be registered should be novel or original, not previously published or used in any country before the date of application for registration. The novelty requirement is absolute and no prior publication anywhere in the world is required under the Indian Design Act.

‘Design’ means only the features of shape, configuration, pattern or ornament or composition of lines or colour 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, but does not include any mode or principle or construction or any thing 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.


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