ABSTRACT
The design of a product is a primary driver of consumer choice, necessitating the legal protections provided by the Design Act of 2000. This article examines the statutory definition of “design” under Section 2(d), focusing on visual features like shape, configuration, and pattern. It explores the essential qualifications for registration, including novelty, originality, and the absence of prior publication. Furthermore, it analyzes the judiciary’s “twin test” used to resolve the overlap between artistic copyright and industrial design. Ultimately, this article highlights how the legal framework balances artistic creativity with industrial functionality to secure economic success and innovation.
Key words: Industrial Design, Design Act of 2000, Twin Test, Novelty, Trade Dress.
INTRODUCTION
The sales of a product are not only limited to its utility or quality, but are also determined by the design of the product. Customers buy a product due to varied reasons. However, a product with a design may be purchased by a consumer over a product with lack of design. Thus, manufacturers spend days designing a product, and this effort of the manufacturer is protected by the Design Act of 2000
Design is defined under section 2(d) of the Design Act of 2000. As per the section, the elements of design are:
- a) It can be two-dimensional, three-dimensional, or both.
- b) The design can be created through manual, machine, or chemical process, either jointly or separately.
- c) It shall only include the features like the shape, configuration, pattern, ornament, or composition of lines and colours that are visible to our eyes.
- d) It cannot be seen as distinct from its product.
- e) It does not include Trade Mark, Property Mark, or any artistic work.
If a design is registered under the Design Act, then it shall not be registered under the Copyright Act, and if it is not registered under the Design Act, then the Copyright Act shall subsist for its protection. However, if the design is reproduced more than 50 times, it shall not be protected under the Copyright Act and shall be registered under the Design Act.
SIGNIFICANT CHANGES AND DEVELOPMENTS IN INDUSTRIAL DESIGN
Recently, the Supreme Court came up with the twin test to solve the dispute between artistic works of the Copyright Act and design under the Design Act. According to the twin test:
- a) The court has to determine whether the work is purely an artistic work or is an artistic work applied industrially.
- b) If the work does not qualify under the Copyright protection, then the functionality of the good shall be looked into to determine the applicability of the Design Act of 2000.
Significance of Industrial Design:
- a) Helps in problem-solving.
The design of a product helps in solving the problem that is associated with the use of the product. For e.g., the shape of a pen is made in cylindrical form to help in writing. It cannot be protected under the Design Act as it is not absolutely novel.
- b) Strives for innovation.
The design of a product gives it an edge over other competitors. Thus, it strives to create a product towards innovation.
- c) Builds business Success.
The unique design of a product gives the manufacturers an edge over other competitors. Thus, it helps a company to increase its sales and the success of the company.
- d) Enhances quality of life.
The product design not only helps a consumer but also society at large. It addresses the environmental and societal problems and helps build a sustainable environment, thereby enhancing the quality of life.
- e) It links innovation, technology, research, business, and customers to provide new value and competitive advantage. Design cannot be distinct from technology, research, innovation, etc. It has to be in tune with various subjects to reach its end goals.
- f) Aligns with the future goals.
The design, in order to be effective, not only has to address the issues at hand but also needs to align with the future goals to sustain in business in the long run.
What qualifies to be an industrial design?
The essential requirements for the qualification of a design are:
- a) The design should be novel and original
The design being registered under the act must be unique and novel, i.e., it must be original and not a copy of an existing design. However, if the design is a combination of two or more existing marks, it can be registered under this act only if it produces new visuals or designs. In the case of Hello Mineral Water Pvt. Ltd. vs Thermoking California Pure (2000(56)DRJ700), the court stated that a mere shape is not sufficient for its registration. The true test for novelty shall be an instructed eye to locate the difference between the design that has to be registered and the design that has been previously used. - b) The design should not be published
The design, if published before the registration it shall not constitute novelty. In the case of Kemp and Company vs Prima Plastics Ltd (1999(1)BOMCR239), the court stated that a mere disclosure of design by the proprietor to any third party shall not amount to publication provided the disclosure is made in good faith. - c) The design should not be opposed to morality
The design that has to be registered should not be against public order and morality. It needs to be in tune with the laws of the Government of India or any such authorized legislation.
What is the difference between Trade dress and Design?
Despite their visual overlap, trade dress and design have distinct legal functions. For a trade dress to be registered under the Trade Marks Act of 1999, it not only needs to be distinct from an existing product but must also help in the identification of a product from the rest of its competitors, while for design, the novelty of the product is the key. For e.g., the bottle of Coca-Cola was first protected under the design act, and later, during its renewal, the product gained recognition for its unique shape and thus, was registered as trade dress.
CONCLUSION
Thus, the Design Act of 2000 creates a comprehensive legal regime that maintains a balance between artistic creativity and functionality. The Design Act, by protecting distinctive and original visual elements, addresses the issue of innovation by providing industry with a significant advantage. The “twin test” principle provided by the judiciary creates a significant demarcation between a design, a copyright, and a trademark. Protection of the designs, besides securing intellectual property, creates a significant impact on the economic front by securing the future of the companies, along with improved living.
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WRITTEN BY: SHARANYA M
