14 JULY IP & IT डिजाइन को परिभाषित कीजिए। डिजाइन की परिभाषा में क्या शामिल नहीं हैं?

Definition of Design and Exclusions Under the Designs Act, 2000

1. Definition of Design

A design refers to the shape, configuration, pattern, ornament, or composition of lines or colors applied to any article, which enhances its appearance and can be registered for protection.

Legal Definition (Section 2(d), Designs Act, 2000)

"Design means only the features of shape, configuration, pattern, ornament, or composition of lines or colors applied to any article by any industrial process or means, whether manual, mechanical, or chemical, which in the finished article appeal to and are judged solely by the eye."

Key Features of a Design

• Must be new and original.
• Should be applied to an article through an industrial process.
• The visual appearance is the key aspect (not functional features).

Example of a Design

• The curved shape of a Coca-Cola bottle.
• The ornamental patterns on fabric.
• The unique shape of a smartphone.

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2. Exclusions from the Definition of Design (Section 2(d), Designs Act, 2000)

The following are not considered designs under the Act:

(i) Functional Features

• Any mechanical, technical, or functional aspect of an article.
• Example: The internal mechanism of a watch cannot be registered as a design.

(ii) Mode or Principle of Construction

• If a feature is related to how an object is built or assembled, it is not a design.
• Example: The joining mechanism of a foldable chair is not a design.

(iii) Trademark or Property Mark

• Logos, brand names, and trademarks are not protected under the Designs Act.
• Example: The Nike "Swoosh" logo is protected under the Trademarks Act, not the Designs Act.

(iv) Artistic Works Under Copyright Law

• Works covered under the Copyright Act, 1957, such as paintings, sculptures, or literary works, are excluded.
• Example: A painting by an artist cannot be registered as a design.

(v) Designs That Have Been Previously Published

• If a design has been previously registered or publicly disclosed, it cannot be protected.
• Example: A car body shape already known in the market cannot be newly registered.

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3. Conclusion

A design under the Designs Act, 2000, refers to the aesthetic appearance of an article but does not include functional features, construction principles, trademarks, artistic works, or previously published designs. This ensures that only new and visually unique designs receive legal protection.