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What Design doesn’t qualify for the protection in India?

What Design doesn’t qualify for the protection in India?

A design which is not new or original; or has been disclosed to the public anywhere in India or in any other country by publication; or by use before filing of application for registration; or a design which is not significantly distinguishable from known design, or contains scandalous or obscene matter.

“Design” means only 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 chen-iical, 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.

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.

Object of the Designs Act to protect new or original designs so created to be applied or applicable to particular article to be manufactured by Industrial Process or means.

Sometimes purchase of articles for use is influenced not only by their practical efficiency but also by their appearance.

The important purpose of design Registration is to see that the artisan, creator, originator of a design having aesthetic look is not deprived of his bonafide reward by others applying it to their goods.


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