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Industrial Designs & The Designs Act, 2000 – 

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1) The Designs Act, 2000 – Overview

The Designs Act, 2000 is an Indian law that protects visual / aesthetic features of industrial products. It replaces the older 1911 Act and modernizes protection to encourage innovation, creativity, and fair competition.

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(a) Purpose / Objectives

1. Encourage Creativity and Innovation

   • Designers are protected from copying, so they invest in new and attractive designs.
   • Example: new bottle, jewellery, or mobile design.

2. Prevent Unfair Competition

   • Under Section 22, copying a registered design is illegal.
   • Example: If Company A registers a unique chair design, Company B cannot copy it.

3. Promote Industrial Growth

   • Protects designs in textiles, fashion, toys, electronics, automobiles, packaging.

4. Provide Legal Rights and Market Monopoly

   • Exclusive rights for 10 years + 5-year extension under Section 11(2).

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(b) Key Definitions (Important for Exams)

Section	Definition
2(d)	Design = Features of shape, configuration, pattern, ornamentation applied to an article; must appeal to the eye; functionality not protected.
2(a)	Article = Any industrially produced product.
11	Rights of registered proprietor – exclusive right to make, sell, or license.
22	Piracy – Unauthorized copying is infringement.
19	Novelty – Design must be new and original, not previously published.

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(c) Important Features

• Protection period: 10 years + 5 years (Section 11(2))
• Only aesthetic features protected, not function.
• Must be applied to industrial articles.
• Remedies: damages, injunctions, recovery of profits.

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(d) Key Case Laws

1. Bharat Glass Tube Ltd. v. Gopal Glass Works Ltd. (2008)

   • Court held: Even small visual differences can establish novelty.

2. Microfibres Inc. v. Girdhar & Co. (2009)

   • Court held: Only designs with eye appeal are protected; purely functional shapes cannot be registered.

3. Philips Electronics v. Remington (2009)

   • Court held: Functional design elements (e.g., trimmer shape necessary for function) cannot be protected.

4. T. M. Enterprise v. P. K. Mfg. Co. (2009)

   • Design was cancelled due to prior publication; novelty is essential.

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2) Procedure for Obtaining Design Protection

The procedure ensures that only new, original, visually appealing designs get protection.

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Step 1: Prepare Application

• Applicant: Designer or owner
• Information Required:
  1. Name & address of applicant and designer
  2. Title of design
  3. Article in which design is applied
  4. Drawings/photos of design
  5. Declaration of novelty

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Step 2: Filing the Application (Section 7)

• File at Design Office (online or physical).
• Priority date = date of filing.
• Must include all required documents.

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Step 3: Examination

• Design Office examines:

  • Compliance with formalities
  • Novelty & originality
  • Must be applied to an article
  • Not functional only

• Objections: Office may issue a report; applicant can clarify/amend.

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Step 4: Registration & Publication (Section 8 & Rule 14)

• If design is approved, it is registered.
• Certificate issued to the owner.
• Published in Designs Journal.
• Rights start from registration date.

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Step 5: Duration of Protection (Section 11)

• 10 years from registration date.
• Can be extended 5 more years by paying fees.
• Total protection = 15 years max.

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Step 6: Infringement & Remedies (Section 22)

• Registered owner can sue for infringement.
• Remedies:
  • Damages or account of profits
  • Injunctions
  • Recovery of infringing articles

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Step 7: Assignment / Licensing (Section 30)

• Owner can assign or license design.
• Assignment must be registered with Design Office to be valid.

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3) Exam-Friendly Flow

Design Application → Examination → Registration → Publication → Rights → Remedies → Assignment/License

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4) Important Sections for 

• Section 2(d) – Definition of Design
• Section 4 – Novelty & Originality
• Section 7 & 8 – Filing & Registration
• Section 11 – Rights of Owner
• Section 19 – Novelty Requirement
• Section 22 – Piracy / Remedies
• Section 30 – Assignment & Licensing

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5) Conclusion 

• The Designs Act, 2000 protects the appearance / aesthetics of industrial products.
• Only designs which are new, original, applied to articles, non-functional, and visually appealing can be registered.
• Sections 2(d), 4, 7, 8, 11, 19, 22, 30 and cases like Bharat Glass, Microfibres, Philips are very important for exams.
• Procedure ensures legal certainty, industrial growth, and protection against copying.

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