Design is a feature of shape, configuration, pattern, ornament or composition of lines or colors applied to any article whether in two dimensional or three dimensional or in both forms, by any industrial process or means, whether manual, 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 or anything which in substance a mere mechanical device, and does not include any trade mark, property mark or artistic work.
To tackle the nefarious designs of the brand counterfeiters, the Designs Act, 2000 with the Designs Rules, 2001 offers design registration that provides protection for visual appeal/appearance of a product. Design registration however does not include functional protection, as this can only be claimed by obtaining a Design Registration.
According to Section 4 of the Indian Designs Act, 2000, the following designs are not registrable:
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