ES डिजाइन को परिभाषित कीजिए। डिजाइन की परिभाषा में क्या शामिल नहीं हैं?

 

Definition of Design (Under the Designs Act, 2000)

The term "Design" is defined under Section 2(d) of the Designs Act, 2000 as follows:

1. Meaning:

   • A "design" refers to the features of shape, configuration, pattern, ornament, or composition of lines or colors applied to any article.
   • These features must be applied by any industrial process or means (whether manual, mechanical, or chemical).
   • The design should be appealing to the eye and contribute to the aesthetic value of the article.

2. Purpose:

   • The definition ensures that only visual and decorative aspects of an article are protected.
   • It does not cover the functional aspects of the article.

3. Key Elements:

   • Shape and configuration
   • Pattern and ornamentation
   • Composition of lines or colors
   • Applied to an article
   • Industrial application
   • Must be new and original
   • Must be capable of being judged solely by the eye

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What is Excluded from the Definition of Design?

Under Section 2(d) of the Designs Act, 2000, the following are not considered "designs":

1. Functional Features:

   • If the design relates only to the functional or mechanical aspects of an article and not its appearance, it is not protected.

2. Mode or Principle of Construction:

   • Designs that depend solely on the way an article is constructed or operates are excluded.

3. Trademarks:

   • Any feature that serves as a trademark (such as brand logos or trade names) does not qualify as a design.
   • Covered under The Trade Marks Act, 1999.

4. Property Marks:

   • Signs that serve as property marks under the Indian Penal Code (IPC), 1860 are not included in the definition.

5. Any Artistic Work Under Copyright Act, 1957:

   • Designs that fall under the definition of "artistic work" (such as paintings, drawings, sculptures) as per the Copyright Act, 1957 are excluded.

6. Designs Already Registered or Disclosed:

   • If a design is not new or original or has been published in India or abroad before filing for registration, it cannot be considered a valid design.

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Conclusion

The Designs Act, 2000 protects only aesthetic and visual features of an article that can be judged by the eye and have industrial applicability. Functional aspects, trademarks, property marks, and artistic works under copyright law are excluded from protection as a "design."