The Designs Act that was consolidated in the year 2000 was there to amend the laws that are related to the protection of Designs. However, how would you define design? Why we consider designs worthy of IP protection through registration? The questions such as these are the primary focus of this particular blog.
What are designs?
The legal definition of Design is the following:
It is only the features of configuration, shape, pattern composition or ornament of lines of colours that are applied to any article. The article can be two dimension, three dimension or both. The features can be made using industrial, chemical, mechanical or manual means: separately or all of them combined in any order. These features can only be judged in visual manner. These features don’t include any mode or principle of how the feature came to be. A design cannot include any trademark that has been defined by clause (v) of subsection (1) of section 2 of the trade and merchandise act 1958.
To put the above definition in simple terms, a design can be any or all of the following features of an article:
- Color Placement
The above mentioned features can be created through either chemical, mechanical, manual or industrial means.
Designs are intellectual properties, and like any other IP; they are also protected through Design Registration. Design Registration is finalized by Controller-General of patents, Designs and Trademarks. Benefits of design registration are:
- Monopoly over the designs
- Designs can transform a product into brand
- Design registration can provide you with a revenue stream
- One can license or assign the designs
Designs are not a new form of IP. However, with the consolidation of the Design Act 2000, Designs have started to hold a lot more value. With design registration, there are several benefits you have