Introduction
The Designs Act, 2000 ("the Act"), is a complete code
in itself and protection under it is totally statutory in nature.
It protects the visual design of objects that are not purely
utilitarian. Section 2(d) of the Act, defines a Design
as:
"design" means only the features of shape,
configuration, pattern, ornament or composition of lines or colours
applied to any article whether in two dimensional or three
dimensional or in both forms, by any industrial process or means,
whether manual, mechanical or chemical, separate or combined, which
in the finished article appeal to and are judged solely by the eye;
but does not include any mode or principle of construction or
anything which is in substance a mere mechanical device, and does
not include any trade mark as defined in clause (v) of sub-section
(1) of section 2 of the Trade and Merchandise Marks Act, 1958 (43
of 1958) or property mark as defined in section 479 of the Indian
Penal Code (45 of 1860) or
