Novelty And Originality Of Design- Elements
The main aim of the Design Act is to protect and safeguard the designs which are registrable under the Design Act. Certain elements are required to be present in the product to seek registration of the design. Not every design can be registered and protected under the law. There are certain elements required to be present in the product design to be eligible for registration.
What are Novelty and Originality?
What is Publication of design?
Exceptions: Section 21 of the Design Act, 2000
- The disclosure of design if made in good faith by the lawful proprietor to any third person shall not constitute publication.”
- When the proprietor accepts the first confidential order for the articles, which shall have the new design inputs before registration, it will not constitute publication of design.
- If the designs have been showcased in any exhibition, which shall fall under the purview of Section 21 Of The Designs Act,2000.
- If the design description is published during or after the exhibition but not before the exhibition.
- If any third person published or describes the design during or after the exhibition without the lawful proprietor’s consent.