In general, a design is the visible outside appearance of a product to the naked eye. The act defines design as “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 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 it does not include any mode or principle of construction.
‘Design’ means only the features of shape, configuration, pattern or ornament or composition of lines or colour or combination thereof applied to any article whether 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 the finished article appeal to and are judged solely by the eye, but does not include any mode or principle or construction or anything which is in substance a mere mechanical device, and does not include any trade mark, as define in clause (v) of sub-section of Section 2 of the Trade and Merchandise Marks Act, 1958, property mark or artistic works as defined under Section 2(c) of the Copyright Act, 1957.
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.”
WHAT GOVERNS CONCEPT OF DESIGN IN INDIA?
The Designs Act, 2000 governs design law in India. The previous Design Act of 1911 was modified in 2000 to accommodate revisions made essential by India’s significant advancement in the field of Science and Technology. The aforementioned Act was changed in order to offer additional protection to registered designs and to encourage design activity in order to promote design elements in articles of manufacture. The Rules were last modified in 2008.The major office in India is the Indian Intellectual Property Office (IPO), which includes the Trade Marks Registry, the Patent Office, and the Designs Office. The Designs Office has its headquarters in Kolkata, while the other Patent Office Branches merely take design applications; all technical examinations are done in the Kolkata Office.
WHAT TO DO ON INFRINGEMMENT OF DESIGN?
Designs, like any other kind of intellectual property, are vulnerable to infringement and can be copied by competitors or others. If a design is copied, the owner of that design can seek monetary damages as well as an injunction to prevent the design from being used in the future.
If there is any doubt about the determination of infringement, the Court will look for the design from the perspective of an ordinary customer. In other words, the Court will evaluate whether there is any clear uncertainty or substantial facts in the minds of the purchasers about the two articles.
CASES IN INDIAN JUDICIARY
The worldwide registration of industrial designs became a point of contention in India in Disney Enterprises Inc. v. Prime Housewares Ltd. The Disney companies launched an action against Prime Housewares, a Mumbai-based firm that used to produce figures such as Mickey Mouse, Donald Duck, and others, for violation of their internationally registered designs.
REFERENCES
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