About IPR : Design

Designs, basically refer to the ornamental make-out/design of a functional item It essentially relates to

• features of shape,
• configuration,
• pattern,
• ornament or composition of lines and colors of any article

 

Article: As per Designs Act, 2000, Sec 2(a) defines an article as 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

Designs can be immaculately defined as features of shape, configuration, pattern,  ornament or composition of lines and/or colors 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 chemical, separate or combined, which in
finished article appeal to and are judged solely by the eye.

Designs do not include

• Any mode or principle of construction;
• Anything, which in substance is a mere mechanical device;
• Any trademark as defined in clause (v) of sub-section (1) of section 2 of Trade and Merchandise Marks Act, 1958; and
• Property Mark as defined in section 479 of the IPC (Indian Penal Code)

 

The term of a Design is granted up to a period of ten (10) years in India , which is extendable up to another five (5) years on application before the expiry of  the ten years

Examples of Design

Some of the examples of a Design are: