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ABOUT IPR
IPR allows people to own their creativity and innovation in the same way that they can own physical property.Intellectual property is the physical manifestation of your ideas.                                    more

 

  

 

Meaning and Content

Designs play a real life role in the modern world. Designs reflect a synchronization of aesthetics and utility. Intrinsically rooted in India’s rich cultural heritage are innumerable forms of traditional designs. The famous hand-block prints known as "baandhnis" of Rajasthan top the list among the well known traditional designs of India. The other side of the spectrum is the designing activity in the realm of industrial production. Addressing the paradigm shift in the concept of industrial designs, India recently amended its Designs Act. Of course the compelling reason to do this was the obligations under the TRIPS.

A design means only the features of shape, configuration, pattern , ornament or composition of lines 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 any thing which is in substance a mere mechanical device , and does not include any trademark or any artistic work under the copyright law.The purpose of the designs Act is to protect novel designs devised to be applied to particular articles to be manufactured and marketed commercially. It is not protect principles of operation or invention which, if protectable at all, out to be made the subject-matter of a patent.

New or Original Designs

A design to be registrable must be new or original. Original means originating from the author of the design. New applications of old designs are registrable. Designs which are not new or original or disclosed to the public anywhere in India or in any other country or not significantly distinguishable from known designs or combinations of known designs or comprising scandalous or obscene matter are not registrable. This Indian legal position is more on the lines excluding non-registrable designs by identifying the categories of designs not registrable rather than positively reciting what are registrable designs.

Design Registration System

Most countries provide for national design laws providing for a system to administer the registered designs. The process typically involves filing applications for registration of designs in the prescribed format, remedying the objections, if any, by the Design Examiner and getting the design granted. India has adopted a new classification that conforms to the Locarno Classification of industrial designs.