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.
The term novelty and originality here mean the application of texts, patterns, lines, images, or a combination of either or all into creating a design that can be distinguished from other designs. Elements taken from natural objects or any other material source can be new and original.
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Section 4 of the Design Act, 2000 requires the design to be novel and original (not published anywhereglobally,r used in the country, or applied elsewhere outside India before prior user claimed). It has to be ensured that the design proposed for registration does not form a part of the public domain or state of the art.
Section 16 of the Act deals with the publication of the design. The term publication is as such not defined in the Act, yet the section states- The Term Publication means