Design under the Designs Act, 2000: Definition, Registration Procedure & Non-Registrable Designs (Complete Guide 2026)
📌 Introduction
The Designs Act, 2000 protects the visual appearance of products—not their function, but how they look.
👉 Practical truth:
If your product doesn’t look unique, you don’t get protection.
Design law focuses on:
• Aesthetic appeal
• Visual features
• Market differentiation
📜 Definition of Design (Section 2(d))
Under Section 2(d) of the Designs Act, 2000, design means:
Features of shape, configuration, pattern, ornament, or composition of lines or colours applied to any article.
Key Elements of Design
A design includes:
• Shape
• Configuration
• Pattern
• Ornamentation
• Composition of lines
• Combination of colours
👉 Condition:
• Must be applied to an article
• Must be visible and appealing to the eye
Essential Features
• Can be 2D or 3D
• Can be made by hand or machine
• Must be visually attractive
👉 Reality: If it cannot be seen → it is not a design.
⚖️ Important Case Laws
1. Ampro Food Products v. Ashok Biscuit Works
Design includes anything applied to an article that gives it a distinctive appearance.
2. Glaxo SmithKline v. Ambigo Brush Pvt. Ltd.
Even a toothbrush handle design can be registered.
3. Hindustan Lever Ltd. v. Nirma Pvt. Ltd.
Labels on packaging are not considered designs.
4. Polar Industries Ltd. v. Usha International Ltd.
Different designs in shape and pattern are not infringement.
5. Faber Castell Aktiengesellschaft v. Pickpen Pvt. Ltd.
Public display or disclosure before registration destroys novelty.
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📝 Procedure for Registration of Design (Section 5)
Step 1: Application Filing
• File application before the Controller of Designs
• Submit prescribed form + fees
Step 2: Examination
Controller checks:
• Novelty and originality
• Not against public order or morality
Step 3: Acceptance or Refusal
• If valid → accepted
• If rejected → appeal lies to High Court
Step 4: Registration
• Design is registered
• Effective from date of registration
Step 5: Publication (Section 7)
• Published in Official Gazette
• Open for public inspection
Step 6: Certificate (Section 9)
• Registration certificate issued
• Duplicate can be obtained if lost
Step 7: Entry in Register (Section 10)
• Details entered in official register
• Acts as prima facie evidence
Step 8: Classification (Section 6)
• One design can apply to:
° One article
° Multiple articles in same class
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🚫 Designs Not Registrable (Section 4)
1. Not New or Original
• Already existing designs are rejected
2. Previously Published
• Published in India or abroad before filing
👉 Even showing it publicly = rejection
3. Not Distinguishable
• Similar to existing designs
4. Immoral or Against Public Order
• Obscene or unethical designs are prohibited
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📊 Summary of Non-Registrable Designs
• Lack of novelty
• Prior publication
• No distinctiveness
• Immoral content
👉 Harsh reality: Most applications fail due to lack of originality
🎯 Practical Insight
What Makes a Strong Design?
• Unique appearance
• Clear visual difference
• Market appeal
Common Mistakes
• Publishing before registration
• Copying existing designs
• Confusing design with trademark
📌 Conclusion
The Designs Act, 2000 protects only what is visible and new.
• It focuses on appearance, not function
• Registration requires novelty and originality
• Public disclosure before filing = fatal mistake
👉 Final reality: If your design is not new, it has zero legal value.
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Comparison Table: Design vs Trademark vs Copyright (India)
🎯 One-Line Difference
Design = How it looks (example - Shape )
Trademark = What identifies it (example - Logo)
Copyright = What is created (Packaging artwork)
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MCQs on Designs Act, 2000
1. Design is defined under which section of the Designs Act, 2000?
A. Section 2(a)
B. Section 2(b)
C. Section 2(d)
D. Section 3
Answer: C.
2. Design under the Act relates to:
A. Function of article
B. Price of goods
C. Visual appearance
D. Quality of goods
Answer: C.
3. Which of the following is NOT part of design?
A. Shape
B. Pattern
C. Function
D. Ornament
Answer: C.
4. A design must be:
A. Invisible
B. Functional
C. Visually appealing
D. Technical
Answer: C.
5. Design can be applied in:
A. Only 2D
B. Only 3D
C. Both 2D and 3D
D. None
Answer: C.
6. Who registers designs in India?
A. Supreme Court
B. Controller of Designs
C. Parliament
D. District Court
Answer: B.
7. Registration of design is governed under:
A. Section 4
B. Section 5
C. Section 7
D. Section 10
Answer: B.
8. Which is essential for design registration?
A. Popularity
B. Novelty
C. Cost
D. Advertisement
Answer: B.
9. Which case held that design includes visual appearance?
A. Ampro Food Products v. Ashok Biscuit Works
B. Kesavananda Bharati
C. Maneka Gandhi
D. Vishaka
Answer: A
10. Toothbrush design registration was recognized in:
A. Golaknath case
B. Glaxo SmithKline v. Ambigo Brush Pvt. Ltd.
C. Minerva Mills
D. Indra Sawhney
Answer: B
11. Labels on packaging are:
A. Designs
B. Not designs
C. Patents
D. Copyright
Answer: B
12. Which case held labels are not design?
A. Hindustan Lever Ltd. v. Nirma Pvt. Ltd.
B. Brown v. Board
C. Donoghue v. Stevenson
D. Roe v. Wade
Answer: A
13. A design must NOT be:
A. New
B. Original
C. Previously published
D. Distinctive
Answer: C
14. Publication before registration leads to:
A. Approval
B. Rejection
C. Renewal
D. Transfer
Answer: B
15. Which section deals with non-registrable designs?
A. Section 2
B. Section 4
C. Section 5
D. Section 9
Answer: B
16. Which of the following cannot be registered?
A. New design
B. Original design
C. Immoral design
D. Distinct design
Answer: C
17. Registration becomes effective from:
A. Filing date
B. Publication date
C. Registration date
D. Court order
Answer: C
18. After registration, design is published in:
A. Newspaper
B. Official Gazette
C. Journal
D. Website
Answer: B
19. Register of designs serves as:
A. Evidence
B. Advertisement
C. Notice
D. Contract
Answer: A
20. Which case held that public disclosure destroys novelty?
A. Faber Castell Aktiengesellschaft v. Pickpen Pvt. Ltd.
B. Maneka Gandhi
C. Vishaka
D. Navtej Johar
Answer: A
FAQs on Designs Act, 2000
1. What is a design under the Designs Act, 2000?
Ans- It refers to the visual features like shape, pattern, or color applied to an article.
2. What is the main purpose of design law?
Ans- To protect the aesthetic appearance of products.
3. Who registers designs in India?
Ans- The Controller of Designs registers designs.
4. What is the procedure for design registration?
Ans- Application → Examination → Approval → Registration → Publication.
5. What are essential requirements for design registration?
Ans- Novelty, originality, and visual appeal.
6. Can a functional feature be registered as design?
Ans- No, only aesthetic features are protected.
7. What designs cannot be registered?
Ans- Designs that are not new, already published, similar to existing ones, or immoral.
8. What happens if a design is published before registration?
Ans- It loses novelty and cannot be registered.
9. Is a label considered a design?
Ans- No, labels are not considered designs under the Act.
10. Why is novelty important in design law?
Ans- Because only new and original designs get legal protection.
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