Design
Designs
Section 2(d) of the Designs Act 2001, as only the features of a shape, pattern, configuration, composition or ornament of lines or colors that are applied to any article that is two dimensional, three dimensional, or both by an industrial process or any means whether mechanical, manual or chemical, separated or combined, which in the finished article are judged solely by the eye; but is not taken into account upon the principle of construction or anything which is in substance a mere mechanical device.
The pre-requisites for a design to qualify for protection are as follows
- It should be novel and original.
- It should be applicable to a functional article
- It should be visible on a finished article
- There should be no prior publication or disclosure of the design
Piracy of a design
Piracy of a design means the application of a design or its imitation to any article belonging to class of articles in which the design has been registered for the purpose of sale or importation of such articles without the written consent of the registered proprietor. 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
Infringement Registered Design
The section very specifically provides that in a civil case compensation payable shall not exceed Rs. 50,000/- in respect of infringement of one registered design. As the compensation payable is statutorily limited, it is a good ground for insisting an interim injunction even before the commencement of trial.
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