Design Act

Section 2(d) of the Design Act, 2000 (“The Act”) defines a Design as:

“design” means 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 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 (43 of 1958) or property mark as defined in section 479 of the Indian Penal Code (45 of 1860) or any artistic work as defined in clause (c) of section 2 of the Copyright Act, 1957 (14 of 1957).

Hence the design Act provides monopoly and protection over the distinct appearance of a product. The need to protect new designs was felt in India as early as 18^th Centuary when the Patterns and Designs Protection Act, 1872 came into existence. The Act provided the inventors of new patters and design in India, the exclusive privilege of making, selling and using the invention in India or authorizing others to do so for shorter duration of time. This Act was followed by the Inventions and Designs Act, 1988. The Act of 1888 was replaced by the British Patent and Designs Act, 1907 which became the basis of the Indian Patent and Design Act, 1911. The Patents Act, 1970 repealed the patent provisions of the 1911 Act. The Design Act, 2000 repealed the designs Act, 1911. The Act came into force on 11^th May, 2001.