Industrial Design Right

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Date Submitted: 09/23/2012 09:03 AM

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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 The new act, (earlier Patent and Design Act, 1911 was repealed by this act) now defines "design" to mean only the features of shape, configuration, pattern, ornament, or composition of lines or colours applied to any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.


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...