2.2.4 The Design Act, 2000

The Design Act, 2000 (‘the Design Act’) grants copyright to the designer and prevent piracy of the registered designs.
As per section 2(d) of the Design Act, design means only the features of shape, configuration, pattern, ornament or composition of lines or colours 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 is in substance a mere mechanical device, and does not include any trade mark or property mark or any artistic work.
As per section 5 of the Design Act, any person claiming to be the proprietor of a design may apply for the registration and on registration the registered proprietor of the design gets the copyright in the design. As per section 30 of the Design Act, a design can be assigned and transmitted to another person and on the registration of such assignment and transmission, such person becomes the proprietor of design or registered proprietor. The registered proprietors of designs are the IPR holders.
Section 22 of the Design Act prohibits application of a registered design or imitation thereof on any article meant for sale or import of any article for sale to which the registered design or imitation thereof has been applied without the consent of the IPR holder.
Under section 30 of the design Act, IPR holders have powers to grant licence to use the registered design as per the conditions of the written contract.