In order to provide effective protection to designs in India and
foster Indian design industry, the Designs Act was enforced by the
Government of India. Based on the provisions, designs means a
shape, configuration, pattern, ornamentation, applied on any
finished article which can be in two and/or three dimensional form.
The design should appeal to eyes and be judged solely by the eye
and does not include any mode or principle of construction or
anything which is in substance a mere mechanical device. In
addition, design does not include trademarks and artistic works, as
defined under Trademarks Act and Copyright Act, respectively.
In order to be registrable the designs should be new or original
and significantly distinguishable from known designs or combination
of known designs. The designs which contain scandalous or obscene
matter are not registrable under the designs act. A design is new
or novel, when it has not been disclosed to the public anywhere in
the world
