Industrial designs are creative activities that result in the ornamental or formal appearance of a product, and design rights are novel or original designs granted to the proprietor of a validly registered design. Industrial designs are an element of intellectual property in India. The first legislation for protection of Industrial Designs was The Patents & Designs Protection Act, 1872, which supplemented the 1859 Act for granting exclusive privileges to inventors.

The Inventions & Designs Act of 1888 re-enacted the law relating to protection of inventions and designs, while the Patents & Designs Act of 1911 also provided protection for Industrial Designs. The Patents Act, 1970 repealed the provisions of the 1911 Act, but continued to govern the Designs Law. India joined the WTO in 1995, leading to the repeal of the 1911 Act and the enactment of the Designs Act, 2000, making the Designs Law in India TRIPS compliant.

The purpose of the Designs Act of 2000 is to safeguard new or original designs that can be used or applied to specific products that are to be produced using industrial processes or methods. Purchases of usable items are occasionally motivated by both their aesthetic appeal and utilitarian effectiveness. Ensuring that the artisan, creator, or originator of an aesthetically pleasing design is not denied their rightful compensation by others using it on their products is the primary goal of design registration.

Scope Of Design In Light Of Case Laws

Supreme Court's Bharat Glass Tubes (2008) Decision on Design Scope

• Defines "design" as visual characteristics of a product applied through industrial processes.
• Recognizes two-dimensional designs, even if they're two-dimensional representations of how features would be applied to a 3D product.
• Design is judged "solely by the eye," focusing on aesthetics and ocular appeal.
• Protects visual aspects of a product, not its functionality.
• Designs must be pleasing to the eye, not just visually different.
• Registrable designs must have aesthetic value, enhancing the product's appearance.

This distinction between form and function is essential in design law.

Focus on Aesthetics, Not Functionality (Mohan Lal v. Sona Paint & Hardwares, 2013)

The Designs Act protects designs based on their visual characteristics, excluding:

• Functional aspects: A design cannot be registered if its primary purpose is utilitarian rather than aesthetic.
• Mechanical devices: The Act doesn't protect underlying mechanisms or how something works.

Designs are the non-functional features of an article, such as shape, configuration, pattern, or ornament. The article itself can embody these design features (e.g., the shape of a bottle). This distinction between form and function is crucial. Designs with aesthetic value are protectable under the Designs Act, while purely functional elements are not.

ILR 1978 (I) Delhi: Brighto Auto Industries vs. Shri Raj Chawla

The following case explains the Designs Act's requirements for design originality and novelty:

• New vs. Original: "New" usually means distinct from preexisting designs, whereas "original" means made by the designer.
• Visual Novelty Test: Based on a design's overall visual impression, the "eye of the ordinary observer" can determine whether it is new.
• No Previous Information: If there is already a design that is the same or very close, it cannot be registered.
• Substantial Variation: Protection will not be granted for minor modifications to a well-known design. Given the nature of the product, the modification must be substantial.

Who Is Entitled To Seek Registration

According to the act, anyone claiming ownership of a novel or unique design that hasn't been published in any nation before and that doesn't violate morals or public order may apply for registration. Anyone listed above is eligible to register, including individuals, businesses, partnerships, and agents acting on behalf of proprietors.

Procedure For Registration Of Design In India

• Filing An Application
  To submit an application for design registration in India, one must submit an application to the patent office in the required format and with the required costs. The class in which the design must be registered and the goods to which it must be applied are specified in the application. For every kind of item, a different application must be submitted.
   
• Examination
  Following receipt of the application for design registration, the controller will forward the application for review in order to determine whether or not the design is eligible for registration. The controller will accept the application and go forward once the examiner gives the go-ahead.
   
• Communication Of Objections
  Any flaws in the applicant's application must be reported to the applicant by the examiner after the application has been reviewed. Within six months of the application's official date, the applicant must remove all objections and resubmit the application to the Patent Office for acceptance after being informed of the defects. The application will be withdrawn if all objections are not addressed within three months of the applicant being informed of them.
   
• Publication
  Following the patent office's acceptance of the design registration application, the controller will ensure that the design's specified details are published in the manner that may be specified. The design will be available for public scrutiny following release. When the design is registered, the controller will also issue a certificate of registration to the design's owner.

Prohibition Of Registration Of Certain Designs

• Design not new or original.
• Design published in India or other countries.
• Design not distinguishable from known designs or combinations.
• Design containing scandalous or obscene material.

When a design has copyright, it is illegal for anyone to do the following without the registered proprietor's permission or written consent: apply or cause to be applied, to any article in any class of articles in which the design is registered, the design or any fraudulent or obvious imitation thereof, or to take any action that would allow the design to be applied in this way; import such an article for the purpose of sale; or publish or expose that article for sale.

Applying a design or imitating it to any object that is part of a class of articles for which the design has been registered in order to sell or import such articles without the registered proprietor's express agreement is known as design piracy. Design piracy also occurs when such articles are published or terms are made available for purchase knowing that the design is being used without permission.Publishing such articles or exposing terms for sale with knowledge of the unauthorized application of the design to them also involves piracy of the design.