Submitted by: Submitted by adroitabhi
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Category: Societal Issues
Date Submitted: 09/23/2012 09:03 AM
Industrial Design Right:
An industrial design right is an intellectual property right that protects the visual design of objects that are not purely utilitarian. An industrial design consists of the creation of a shape, configuration or composition of pattern or color, or combination of pattern and color in three dimensional form containing aesthetic value. An industrial design can be a two- or three-dimensional pattern used to produce a product, industrial commodity or handicraft.
India's Design Act, 2000 was enacted to consolidate and amend the law relating to protection of design and to comply with the articles 25 and 26 of TRIPS agreement. The new act, (earlier Patent and Design Act, 1911 was repealed by this act) now defines "design" to mean only the features of shape, configuration, pattern, ornament, or composition of lines or colours applied to any article, whether in two or three dimensional, or in both forms, by any industrial process or means, whether manual or mechanical or chemical, separate or combined, which in the finished article appeal to and are judged solely by the eye; but does not include any mode or principle of construction.
INDUSTRIAL AND INTERNATIONAL EXHIBITIONS:
21. The exhibition of a design, or of any article to which a design is
applied, at an industrial or other exhibition to which the provisions
of this section have been extended by the Central Government by
notification in the Official Gazette, or the publication of a description
of the design, during or after the period of the holding of the
exhibition, or the exhibition of the design or the article or the
publication of a description of the design by any person else-where
during or after the period of the holding of the exhibition, without
the privity or consent of the proprietor, shall not prevent the
design from being registered or invalidate the registration thereof:
Provisions as to exhibitions.
Provided that-
(a) the exhibitor exhibiting the design or...