THE DESIGNS

ACT, 2000
Act no. 16 of 2000
 INTRODUCTION:

Patents

Confidential Trademark
Information

INTELLECTUAL
PROPERTY

Integrated
Copyrights
Circuits

Geographic
Industrial
al
Designs
Indication
 WHAT IS DESIGN?
• Dictionary Meaning: To conceive or execute a plan.
• Industrial Design refers to creative activity which results in the ornamental or formal
appearance of a product.
• Under Section 2(d) of The Designs Act, 2000 “Design” means only the features of shape
configuration, pattern, ornament or composition of lines or colors applied to any article
whether in two dimensional or in three dimensional or in both forms by any industrial
process or means whether manual, mechanical or chemical 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, and
does not include any trade mark as defined in clause (V) of sub-section (1) of section 2 of
the Trade and Merchandise Marks Act, 1958 or 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.
 CONTINUED…
• Bharat Glass Tube Ltd. V. Gopal Glass Works Ltd. [AIR 2008 SC 2520]
“Design” means a feature or a pattern which is registered with the registering authority for
being produced on a particular article by any industrial process whether manual, mechanical or
chemical or by any other means which appears in a finished article and which can be judged
solely by eye appeal.
 INDUSTRIAL DESIGN:
INTERNATIONAL AGREEMENT
AND
INDIA
• Agreement/Treaties to which India were member are:
1. The Paris Convention (1883)
2. The Berne Convention (1886)
3. The Hague Agreement – The London Act, 1934; The Hague Act, 1960; The Geneva Act, 1999,
etc.
4. The Locarno Agreement (1979)
5. TRIPs Agreement (1995) : Article 25 & Article 26 of the Agreement
 EVOLUTION OF DESIGN LAW IN INDIA
1872 The Patents and Designs Act was passed. The first Indian legislation to protect industrial
designs.
1888 The Inventions and Designs Act replaced the 1872 Act.
1911 The Patents and Designs Act amended and consolidated the law relating to inventions and
industrial designs.
1912 The Patents and Designs Act, 1911 came into force on 1st January
1970 The Patents Act passed by the Parliament. Provisions relating to Patents deleted from the 1911
Act. The short title of the Act changed to The Designs Act, 1911
2000 The Designs Act passed by the Parliament. The Act of 1911 repealed.
2001 11th May: The Designs Act came into force.
2007 8th February: National Design Policy adopted. Action plan for implementation of the policy was
also adopted.
2011 Manual of Designs Practice and Procedure published by the Office of the Controller General of
Patents, Designs and Trade Marks.
 PROTECTION OF DESIGNS
• The protection of industrial design is offered only to registered designs and not to
unregistered designs. The basic requirement that a design shall fulfill for getting protected
are as follows:-
1. Appeal to the Eye
2. New and Original
3. Capable of being applied to industrial articles.
4. Capable of distinguishing the article to which it is applied from other article.
5. Must not been published or exploited or part of the existing knowledge in the society.
 ITEMS NOT PROTECTED UNDER DESIGN
• Section 4 of The Designs Act, 2000 gives the provision regarding the prohibition of certain
designs. It says, A Design which:-
a) Is not new or original; or
b) Has been disclosed to the public anywhere in India or in any other country by publication
in tangible form or by use or in any other way prior to filing date, or where applicable, the
priority date of the application for registration; or
c) Is not significantly distinguishable from known designs or combination of known designs;
or
d) Comprises or contains scandalous or obscene matter,
shall not be registered.
 CONCEPT OF “NEW OR ORIGINAL” DESIGN
• Sec. 2(g) of The Designs Act, 2000 defines the term ‘original’ as:
‘original’ in relation to a design, means originating from the author of such design and includes
the cases which though old in themselves yet are new in their application.
• In Gammeter v. The Controller of Patents and Design (AIR 1919 Cal. 887)
The court held that the test of novelty is the eye of the judge who must place the two designs
side by side and see whether the one for which novelty is claimed is in fact new. It is a matter
of first impression.
• In Bharat Glass Tube v. Gopal Glass Work Ltd. (AIR 2008 SC 2520)
The Supreme Court held that the word ‘New or Original’ mean that the design which has been
registered has not been published anywhere or it has not been made known to public.
 COPYRIGHT IN DESIGN AND DURATION:
SECTION 11
• Maximum duration of copyright in design is 15 years.
• Initially 10 years from the date of registration.
• May be extended for 5 years by giving application to the Controller before the expiration of
initial 10 years.
• After 15 years, the design will fall in public domain, and will become public property.
 NEED FOR PROTECTION OF INDUSTRIAL DESIGN

• To prevent third parties from making unauthorized copying or imitation of the design.
• The protection helps to ensure a fair return on investment.
• Protection of Industrial Design encourages creativity.
 CONCLUSION

• Design plays an important but often neglected part in our life.

• Design influences the decision we make as a consumer.
• The protected design is beneficial for the author as well as the consumer.
 THANKS…
By:-

Anurag K. Tiwary
One Year LL.M. (2017-18)
C.P.G.L.S., S.L.S., B.B.A.U.