Unlike the other IPs, the design law protects the aesthetics of
a product. As such, the Designs Act protects the shape,
configuration, color combination, and composition of lines,
patterns, and surface ornamentation. Unique designs capture
customers' attention and play a significant role in their
purchasing decision. A registered design may be adversely affected
if there is a similar design existing in the market, as it is
confusing for the customers to distinguish (especially on
e-commerce websites).
So what exactly amounts design infringement? Will the following
bottle designs be considered as different or similar? The
difference is only in the size of the bottle, but the design is
identical. If this bottle design application is filed, the natural
novelty claim would be for the shape and configuration of the
design and not on the size of the bottle it is applied on.
Therefore, considering that the bigger bottle is a registered
design, the small bottle will be
