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What cannot be protected by an industrial design?

What cannot be protected by an industrial design?

The following cannot be protected:

  • A manufacturing process;
  • Functional features of an article
  • A principle of construction, or how an article is built
  • The materials used in the construction of an article
  • The useful purpose (functionality) the design serves or is intended to serve
  • Colour per se or Ideas.

For registration of industrial design, under the Designs Act, 2000 following points must be adhered to:

  • Design should be new or original, not previously published or used in any country before the date of application for registration.
  • Design should relate to features of shape, configuration, pattern or ornamentation, composition of lines or colours applied to an article.
  • Design should be applied to any article by any industrial process or means whether manual, mechanical, chemical, separate or combined.
  • Design should not be linked to any functional aspect of the article.

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