What are the essential requirements for the registration of design under the Designs Act, 2000?
Ans. (1) The design should be new or original. (2) The design should relate to features of shape, configuration, pattern or ornamentation applied or applicable to an article. (3) The design should be applied or applicable to any article by any industrial process. (4) The features of the design in the finished article should appeal to and are judged solely by the eye. (5) Any mode or principle of construction or operation or anything which is in substance a mere mechanical device, would not be registrable design (6) The design should not include any Trade Mark or property mark or artistic works as define under the Copyright Act, 1957.
(1) The design should be new or original, not previously published or used in any country before the date of application for registration. The novelty may reside in the application of a known shape or pattern to new subject matter. Practical example: The known shape of “Kutub Minar” when applied to a cigarette holder the same is registrable. However, if the design for which application is made does not involve any real mental activity for conception, then registration may not be considered. (2) The design should relate to features of shape, configuration, pattern or ornamentation applied or applicable to an article. Thus, designs of industrial plans, layouts and installations are not registrable under the Act. (3) The design should be applied or applicable to any article by any industrial process. Normally, designs of artistic nature like painting, sculptures and the like which are not produced in bulk by any industrial process are excluded from registration under the Act. (4) The feat
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