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Designs are for goods and articles that appeal to the eye of an individual or to his esthetic. Functional features are not protected under the Law of Designs. For it to qualify for design protection, it must relate to the shape and appearance of the goods or articles and it must be applied by a mechanical or chemical process. Design of garden or the petrol pump cannot be subject matters of design protection. The eligibility for design registration will be judged solely by the appeal to the eye.


Section 2(d) read with Section 2(a) and Section 5(1) of the Design Act lays down the definition of the Design.


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