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ARTICLE · 04 NOVEMBER 2020

Designs And Secrecy Directions

Singhania & Partners LLP
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The relevant Indian Laws, not only enforces certain secrecy directions on innovations for the grant of patents, but also for registration of designs applied on the article/product.

IndiaIntellectual Property
Bhawna Sharma
Bhawna Sharma
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The relevant Indian Laws, not only enforces certain secrecy directions on innovations for the grant of patents, but also for registration of designs applied on the article/product. In the present article the relevant provisions of The Designs Act, 2000, (“Act”) are discussed in this regard.

RESTRICTIONS ON THE REGISTRABILITY OF DESIGNS

In accordance to Act, a new and/or original design which is solely judged on the parameters of aesthetics and visual appeal are registrable in India. The design may include shape, configuration, pattern, ornamentation and/or composition applied on an article/product. However, similar to the Indian Patents Act, 1970, certain directions and restrictions on the publication and registrability of designs are imposed, even if the designs qualify the statutory requirements for registration.

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