These are the designs not registrable under the Act –
- Which is not new or original.
- Which has been disclosed to the public any where 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 where applicable, the priority date of the application for registration.
- Which is not significantly distinguishable from known designs or combination of known designs.
- Which comprise or contains scandalous or obscene matter, shall not he registered.
As per Section 2(d) of The Indian Design Act, 2000, “design” means the shape, configuration, pattern, ornament or composition of lines or colours applied to an article, whether in two or three dimensional, or in both forms by any industrial process or means, whether manual, mechanical or chemical, separate or combined.
Under the Designs Act, 2000 the “article” means any article of manufacture and any substance, artificial, or partly artificial and partly natural; and includes any part of an article capable of being made and sold separately