Protecting Designs – An Indian Perspective

Under Indian design laws, a 'design' has been defined as "features of shape, configuration, pattern or ornament or composition of lines or colour or combination thereof applied to any article whether 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." A design does not include any mode or principle of construction or anything which is in substance a mere mechanical device. Any trademark or property mark as defined in Section 479 of the Indian Penal Code or any artistic work as defined in Clause (c) of Section 2 of the Copyright Act, 1957 also does not fall under the scope of design.