A Critical Analysis of Design Protection Laws in India





Nishka Asarpota and Muskan Sharma, Symbiosis Law School, Pune


ABSTRACT


Intellectual property protection plays an extremely important role in fostering and encouraging inventions and innovations. If ideas are not protected, businesses and individuals will not be able to make profits and thus, will not be motivated. The design law is that part of the IP regime that deals with and protects shapes, figures and configuration of an article.


The term ‘design’ has been defined under Section 2(d) of the Design Act, 2000 which states that design is associated with the features of an article such as the shape, pattern, configuration, composition of lines and colors that has been applied to a product through an industrial process. The product or the article can either be two dimensional or three dimensional but should be capable of being judged solely by the eye. In simpler words, design law acts on the physical appearance of any article and protects it from any sort of infringement.


Through this paper, the authors seek to provide a comprehensive overview on the design laws applicable in India, the issues and the challenges and an analysis of the judicial pronouncements that have helped in the interpretation and its evolution in India.


Keywords: Industrial designs; Designs Act, 2000; Design law; Novelty; Registration



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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