Section 2d of Designs Act, 2000 explains what a "design" is. It is important because it sets clear rules about what can be protected. It helps designers, businesses and lawyers understand what qualifies for protection under the Act. Section 2d of Design Act focuses on the visual aspects of a product, not its function, and keeps designs separate from other protections like patents, trademarks or copyrights. Indian courts have used this section to settle disputes, showing its importance in encouraging creativity in industries such as clothing, furniture and consumer goods. In this article, we’ll break down Section 2(d) in simple terms, covering its definition, essential elements, exclusions, and how it compares to other laws.
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Definition of Design under Section 2d of Design Act
Section 2d of Design Act defines what a "design" is. It says that a design includes only the shape, configuration, pattern, ornament, or arrangement of lines or colors applied to an article. This can be in two dimensions (like a drawing), three dimensions (like a model), or both, using any industrial process i.e. manual, mechanical, or chemical.
The design must appeal to the eye in the finished product. However, it does not cover construction methods, purely functional devices, trademarks (as defined in the Trade and Merchandise Marks Act, 1958), property marks (as defined in Section 479 of the Indian Penal Code) or artistic works (as defined in Section 2(c) of the Copyright Act, 1957). This definition sets clear boundaries for what can be registered under the Act.
In simple terms, Section 2(d) focuses on how a product looks, not how it works. For example, the unique shape of a bottle or a pattern on fabric can qualify if it looks appealing. The design must be usable in industrial production like making many copies of a product. This rule prevents people from claiming protection for basic functional parts, which helps keep competition fair while rewarding creative designs.
Lawyers often use Section 2(d) to guide clients on registering designs. The design must be new and original, meaning it hasn’t been shown to the public before. If it doesn’t meet these rules, the registration may be denied. This section is the starting point for protecting designs in India.
Essential Elements of a Design under Section 2d of Design Act
To fully grasp Section 2d of Design Act, it is important to dissect its key elements. First, a design involves "features of shape, configuration, pattern, ornament, or composition of lines or colors." Shape means the overall form, like the curve of a chair. Configuration is how parts are arranged, like buttons on a remote control. Pattern and ornament cover decorative elements, while lines or colors refer to artistic designs that make a product visually appealing.
These features must be applied to an "article." An article is any manufactured item, like a spoon or a phone, that can be made in large quantities. The design can be flat (2D), like a print on paper, three-dimensional (3D), like a carved object, or both. This flexibility covers many types of products.
The design must be applied "by any industrial process or means, whether manual, mechanical, or chemical." This shows that designs are for mass-produced items, not one-of-a-kind art. For example, hand-painted plates can qualify if they’re made industrially.
Finally, the design must "appeal to and be judged solely by the eye" in the finished product. This means it’s all about looks, not function. If a feature is only practical and not visually appealing, it doesn’t qualify as a design under Section 2(d). These rules help designs stand out in the market by making products more attractive.
Learn about the Design Protection in IPR.
Exclusions from the Definition under Section 2d of Design Act
Section 2d of Design Act explicitly excludes certain elements to avoid overlap with other laws and prevent abuse. It does not include "any mode or principle of construction." This means methods of building or assembling an item are not protectable, as they fall under patents if inventive.
Similarly, "anything which is in substance a mere mechanical device" is excluded. If a feature is purely functional, like a gear mechanism, it cannot be registered as a design, even if it has some visual aspect. This prevents the Act from being used to extend patent-like protection to non-aesthetic inventions.
The definition also carves out trademarks, as defined in the Trade and Merchandise Marks Act, 1958 (now superseded by the Trademark Act, 1999). A logo or brand name cannot be protected as a design to avoid dual registration.
Property marks under Section 479 of the Indian Penal Code, which indicate ownership or quality, are similarly excluded.
Lastly, "any artistic work as defined in clause (c) of section 2 of the Copyright Act, 1957" is not covered. This includes paintings or sculptures intended for artistic appreciation rather than industrial application. These exclusions maintain clear demarcations between IP regimes.
Read about the Difference between industrial Design and Patent.
Distinctions with Other Intellectual Property Rights
Designs under the Designs Act, 2000, often intersect with copyrights and trademarks, leading to potential overlaps. To clarify, the following table compares these rights based on key aspects:
Aspect | Design (Designs Act, 2000) | Copyright (Copyright Act, 1957) | Trademark (Trademarks Act, 1999) |
Definition | Visual features applied to articles for aesthetic appeal (per Section 2d of Design Act) | Original artistic, literary, or musical works | Distinctive signs identifying goods/services |
Protection Scope | Aesthetic appearance of industrial products | Expression of ideas, not ideas themselves | Source identification, including shapes if distinctive |
Duration | 10 years, extendable by 5 years | Author's life + 60 years | 10 years, renewable indefinitely |
Registration | Mandatory for enforcement | Automatic, but registration evidentiary | Recommended for stronger rights |
Exclusions | Functional elements, trademarks, artistic works | Ideas, facts, functional items | Generic terms, functional shapes |
Overlap Issues | Loses copyright if applied industrially >50 times | Cannot protect designs registered under Designs Act | Shapes can be trademarks if not functional |
This table highlights how designs focus on visual industrial appeal, unlike copyrights' broader artistic protection or trademarks' branding role. For instance, a product's shape might qualify as a design but not a trademark if it lacks distinctiveness.
Summary
Section 2(d) of Design Act, 2000, defines a "design" as the visual features i.e. shape, configuration, pattern, ornament, or color arrangement applied to an article via industrial processes, judged solely by aesthetic appeal. It excludes functional elements, trademarks, property marks, and artistic works under copyright law to avoid overlap with other intellectual property regimes. The design must be new, original, and industrially applicable, ensuring fair competition while protecting creativity in industries like clothing and furniture. Indian courts use this section to resolve disputes, emphasizing its role in fostering innovation and safeguarding visual product designs.
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Section 2d of Design Act: FAQs
Q1. What is Section 2(d) of the Designs Act?
It defines a "design" as the unique shape, pattern, or color combination applied to an article that appeals to the eye.
Q2. What is Section 2(g) of the Designs Act?
It defines "original" as a design created by its author or an old design applied in a new way.
Q3. How can I cancel the registration of a design under the Designs Act, 2000?
File a petition with the Controller on grounds like lack of novelty, prior publication, or if it’s not a valid design.
Q4. What are the powers of the Controller under the Designs Act?
The Controller can register designs, examine applications, correct errors, and make decisions on cancellations or substitutions.
Q5. What are the 4 powers of design?
The Act doesn’t list "4 powers of design," but a design’s key strengths include exclusivity, legal protection, market appeal, and brand enhancement.
