The Design Law in India is governed by the Designs Act, 2000. The said Act was amended in the year 2000 with a view to provide more protection to registered designs and to promote design activity in order to promote design element in an article of production.
A design is defined as the features of shape, configuration, pattern, ornament or composition of lines or colours applied to any article 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 is in substance a mere mechanical device and does not include any trademark or property mark or artistic work. In general, a design is the outer outlook of an article that a naked eye can see. The design should be new or original, not previously published or used in any country before the date of application for registration.
India is one of the countries party to the Paris Convention, so, the provisions for the right of priority are applicable. The applicant may, within six months from first application may claim priority and later application will be regarded as if it had been filed in India on the same day as the first application.
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