Salient features of the Design Act, 

2000
Introduction

In our day to day life, we encounter various objects which we can

recognize by observing their design. Products which are artistically
designed can grab the attention of the customer the moment they see it.
These designs can take the form of Art, drawings, graphics etc. These
designs may be created by professionals which includes engineered
designs or architectures blueprints for any property, interior designs etc.
The term ‘design’ does not include any procedures such as mode of
construction of an article.

Earlier this Act was governed by Design Act, 1911. So as to bring the
Design Act at par with International Law enactment of the new act came
into being. Presently, design laws are maintained by the Design Act,
2000.

The term ‘Design’ under Design Act is defined as :

“Features of shape, any configuration, pattern, ornament or

composition of lines or colours which is applied to Two dimensional or
three dimensional or in both the forms using any process including
manual, chemical or mechanical, separate or combined which in the
finished article appeal to or judged solely by the eye.”

It neither includes any mode of construction nor any trademark as

defined under clause (v) of sub-section (1) of section 2 of Trade and
Merchandise Marks Act, 1958. It even does not includes property mark
as defined in section 479 of the Indian Penal Code or any artistic work as
defined in clause (c) of section 2 of the Copyright Act, 1957.[1]

With reference to the Design Act, 2000 what are articles?

Under the provisions of Design Act, 2000, any manufactured object is

known to be “article”. The object can be of any substance irrespective of
artificial or natural. The article must be capable of being made and sold
separately.
Essential Requirements for registration
Novelty and originality

A design can be considered for registration only if they are unique. A

combination of previously registered design can also be considered only
if the combination produces new visuals. In a case Hello Mineral
Water PVT. LTD. v. Thermoking California Pure, a design of
water dispenser having a cylindrical shape was not considered as new on
the grounds that mere shape and form is not sufficient to prove novelty.

Design must be unique, a Prior publication is not acceptable

The design must not be a published one. If the design is already

published than the design is not eligible for the publication. There
should not be any tangible copy available already in the market if you
are seeking registration of the design that is in digital format. Displaying
of the design in any fashion show by the creator is the publication of that
design. Secret and private use of the design does not amount to the
publication and can be used for the experimental purpose.

It was held in Kemp and company v. Prima Plastics LTD. that

disclosure of design by the proprietor to any third person cannot be
claimed as publication provided that the disclosure must be in good
faith. 

Making application of design to an Article

The applicability of the design should be to the article itself. It can be

informed of a three-dimensional figure. There are two-dimensional
figures also included in this act i.e any painting or any graffiti on the
walls or print on the bedsheets.

The design must not be contrary to the order and morality

The design must be registrable under the Design Act, 2000. It must not
be prohibited by the Government of India or any institution so
authorized. The design must be capable of registering under the Section
5 of this act. The design which can cause a breach of peace and may hurt
the sentiments of the people may not be allowed to get register.

What is to be considered to register under this Act?

Looking forward to registering a design under Design Act, 2000, one
must ensure following features in your design which are:

 The work must be capable of selling and made separately.

 It must be original and new to the market. The plagiarised design
will not be considered under this act.
 It should be purely distinguishable from other designs.
 It must not relate to obscenity or any material which is
inappropriate.

Rights of the proprietor of the design

When a proprietor applies for the registration of the design he shall

automatically get ‘copyrights in design’ for the period of 10 years from
the date of registration. This period can be extended if the proprietor
wants to continue with the design. The Design Act should not be
confused with the Copyrights act because there are many products
which can be registered under both the acts but their remedies cannot
be sought in both the acts individually.

Who is entitled to seek Registration?

As per the provisions of Design Act, 2000 any proprietor who is seeking
registration of a design which is original and unpublished previously in
any country which does not seems to be contrary to any law and order of
that country can file an application for registration. A proprietor as per
Section 2(j) includes that person who 

1. is the author of that design 

2. acquired design for a valid consideration and 
3. Any person to whom the design has been devolved from the
original proprietor. 

In case there is more than one author than the design must be applied
by the joint authors only. 

Importance of design

A product design is someone’s intellect which he/she uses to pen down a

marvellous creativity which afterwards becomes a great product. The
design of a product is having an everlasting effect on the mind of the
consumer. A product is recognizable in the dark also due to its unique
design. A product design is if attractive adds value from the business
point of view. Thus, so as to protect the design from infringement by
their competitor’s owners must opt for seeking design protection. A
mechanism is pre-decided by the Government of India for its protection
and regulation.

Infringement of designs

The design is also prone to infringement which means there may be

chances when your competitor will try to copy your designs. In case of
infringement of the design, the owner can claim damages from the
infringer and also apply for an injunction on the further use of design. In
case there is any question as to ascertainment of infringement, the court
will directly look for the design from the point of view of the average
customer. Basically, the court tries to look whether there is any obvious
confusion or some material facts are there in the minds of customers.

Salient features of Design Act 2000

1. As India is a member of World trade organization, Paris

convention and also signed the Patent Cooperation Treaty which
allows the members of these conventions can claim priority rights.
2. Under Design Act, 2000 Locarno classification has been adopted
where the classification is totally based on the subject matter so of
design. Under previous provisions, classification is only made on
the basis of the material the subject matter is made of.
3. With the introduction of “ absolute novelty”, Novelty can be
judged on the basis of the prior publication of the article not only
in India but also in other countries.
4. Restoration of design is possible as per the new law which was
omitted in the previous laws. Now you can restore registration of
your design.
5. Under new provisions, power has been given to district court to
transfer cases to the high court where the court is having
jurisdiction. This is only possible if the person is challenging the
validity of the design registration.
6. Incorporates the provisions regarding delegation of powers of the
controller to other controllers and duty of examiner.
7. Under the new provision, the quantum of punishment is also
enhanced in case of infringement.
8. It revokes the secrecy of two years of a registered design.
 9. It contains provisions for the avoidance of certain restrictive
conditions so as to regulate anti-competitive practices within
contractual licenses.
10.The registration is taken into consideration when it is brought
within the domain of public records that too physically. Anyone
can inspect the records and get a certified copy of it.
11. It contains provisions for substitution of the application before
registering the design.

Conclusion

Design Act, 2000 brings about many changes which are observed in the
features. When a developer develop something for example If an
architect develops the structure of a building there is an expectation that
my structure will not be infringed. Many designs are capable of
providing the author with copyrights also. In that case infringement of
both cannot be claimed separately. The owner must have to choose
which is more beneficial. High intellects are involved in making a design
look good and have an everlasting impact. Government come up with a
great policy of protecting designs. Moreover, these designs can also have
a negative impact on the value of the business if infringed. A good
design is always remembered.