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ARTICLE · 26 JULY 2019

Importance Of Design As An IPR

Khurana & Khurana, Advocates and IP Attorneys
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An industrial design may constitute the ornamental or aesthetic aspect of an article.

IndiaIntellectual Property

An industrial design may constitute the ornamental or aesthetic aspect of an article. It may consist of 3-D features such as the shape of an article, or 2-D features, such as patterns, lines or color.[1] India has seen the evolution of design as an important fragment of the intellectual property family in protecting the aesthetic value of the articles.

The Designs Act, 2000, currently governs the issues related to design registration and piracy in India. Design registrations are particularly useful since, many a time, a customer's purchase decision is based on the product aesthetics i.e., the shape, look, color combination ornamentation, etc.

The issues under the Design Act have recently increased as organizations want to safeguard the aesthetic value of their products. Two prominent cases decided by the Indian Judiciary are as follow:

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