Economic, Commercial and Intellectual Property Laws · Law relating to Designs

Introduction and Definitions under the Designs Act, 2000

Updated 11 October 2026 · Fact-checked

The Designs Act, 2000 protects the visual appearance of an article: its shape, configuration, pattern, ornament or composition of lines or colours, applied by an industrial process and judged solely by the eye. To answer questions, quote the section 2 definition, split it into its elements, test the facts against each, then conclude.

Understand Introduction and Definitions under the Designs Act, 2000

Think of a bottle, a scooter body or a fabric print. Two products can work the same way but look different. The look can decide whether customers buy. Industrial design protection gives the creator of that look an exclusive right, so others cannot copy it for sale. It protects appearance, not how the product works.

The Designs Act, 2000 gives this protection through registration. Section 2(d) defines design as only the features of shape, configuration, pattern, ornament or composition of lines or colours applied to any article, in two dimensional or three dimensional form or both, by any industrial process or means (manual, mechanical or chemical, separate or combined), which in the finished article appeal to and are judged solely by the eye.

The definition also has exclusions. Design does not include any mode or principle of construction, or anything which is in substance a mere mechanical device. It does not include a trade mark, a property mark, or an artistic work as defined in the Copyright Act, 1957. So a design must be about looks, must be applied to an article, and must not fall in these excluded areas.

Article under section 2(a) means any article of manufacture and any substance, artificial, or partly artificial and partly natural. It includes any part of an article capable of being made and sold separately. Original under section 2(g) means originating from the author of the design. It includes cases which, though old in themselves, are new in their application.

Proprietor of a new or original design under section 2(j) is decided by three cases. If the author executes the work for good consideration for another person, that person is the proprietor. If a person acquires the design or the right to apply it to any article, that person is the proprietor to the extent acquired. In any other case, the author is the proprietor. The term also includes a person to whom the property or right has devolved from the original proprietor.

The scheme of the Act: the Controller means the Controller-General of Patents, Designs and Trade Marks (section 2(b)). Applications are filed in the Patent Office (section 5(2)). Section 2(c) defines copyright in a design as the exclusive right to apply the design to any article in any class in which it is registered. This is different from copyright under the Copyright Act, 1957.

Key rules to remember

Design (section 2(d)): Design = features of shape, configuration, pattern, ornament or composition of lines or colours + applied to an article + by an industrial process or means + finished article appeals to and is judged solely by the eye; Excludes mode or principle of construction, mere mechanical device, trade mark, property mark and artistic work under the Copyright Act, 1957.
Article (section 2(a)): Article = any article of manufacture + any substance, artificial or partly artificial and partly natural + any part of an article capable of being made and sold separately; A part counts only if it can be made and sold separately.
Original (section 2(g)): Original = originating from the author, including old designs that are new in their application; Originality here does not demand that the idea never existed before.
Proprietor (section 2(j)): (i) person for whom the author executes the design for good consideration; (ii) person who acquires the design or right to apply it; (iii) otherwise, the author; includes a person to whom it has devolved; Apply clause (i) or (ii) first. The author is proprietor only in other cases.
Copyright in design (section 2(c)): Copyright = exclusive right to apply the design to any article in any class in which the design is registered; Linked to the class of registration.
Controller (section 2(b)): Controller = Controller-General of Patents, Designs and Trade Marks referred to in section 3; Applications are filed in the Patent Office under section 5(2).

How to solve Introduction and Definitions under the Designs Act, 2000 questions

Use this method for definition-based and scenario questions on the Designs Act, 2000.

1Identify what the question asks: a definition, whether something is a design, who is the proprietor, or the role of an authority.
2Quote the definition from section 2 in the Act's own words, citing the clause.
3Break the definition into elements. For design: features, article, industrial process, judged solely by the eye.
4Check the exclusions: mode or principle of construction, mechanical device, trade mark, property mark, artistic work.
5Apply each element to the facts in one line each.
6For proprietor questions, test clause (i), then (ii), then (iii), and add devolution if facts show it.
7Write a clear conclusion that answers the question asked, citing the section.

Quickest way: Element checklist for design and proprietor questions

When to use it: Use when you have little time and the question gives a short fact situation.

Write the section number and the key phrase from the definition.
Tick off the elements: appearance feature, article, industrial process, eye appeal alone.
Name any exclusion that applies, or state that none applies.
For proprietor: who commissioned for consideration, who acquired, otherwise the author.
End with one sentence: 'Hence, it is / is not a design' or 'X is the proprietor under section 2(j)(...)'.

Common mistakes in Introduction and Definitions under the Designs Act, 2000

Saying design protects the function or working of a product.
Students mix up designs with patents.
Fix: Remember the words 'judged solely by the eye'. Mode or principle of construction and mere mechanical devices are excluded.
Treating the author as the proprietor in every case.
The word 'author' feels the same as owner.
Fix: Under section 2(j) the author is proprietor only in cases not covered by clauses (i) and (ii). A person who commissions for good consideration or who acquires the design is the proprietor.
Confusing copyright in a design with copyright under the Copyright Act, 1957.
Both use the word copyright.
Fix: Under section 2(c) it means the exclusive right to apply the design to any article in the class of registration.
Thinking 'original' means never seen before.
Everyday meaning of the word.
Fix: Section 2(g) says original means originating from the author and includes old designs that are new in their application.
Assuming any part of a product is an 'article'.
Students skip the last words of section 2(a).
Fix: A part counts only if it is capable of being made and sold separately.
Forgetting the exclusions for trade marks and artistic works.
Students learn the positive definition only.
Fix: Learn the exclusions as a list: construction principle, mechanical device, trade mark, property mark, artistic work under the Copyright Act, 1957.

Worked examples

Example 1

Define 'design' under the Designs Act, 2000. What does the definition exclude? (Answer in ICSI style.)

Show the solution

Provision: section 2(d) defines design as only the features of shape, configuration, pattern, ornament or composition of lines or colours applied to any article, in two dimensional or three dimensional or both forms, by any industrial process or means, whether manual, mechanical or chemical, separate or combined.
Test: in the finished article these features must appeal to and be judged solely by the eye.
Exclusions: any mode or principle of construction, or anything which is in substance a mere mechanical device.
Further exclusions: a trade mark as defined in the Trade and Merchandise Marks Act, 1958, a property mark as defined in the Indian Penal Code, and an artistic work as defined in the Copyright Act, 1957, as the definition is worded in the Act.
Analysis: so design protects appearance only, not function or working.

Answer: A design is the visual features of an article, applied by an industrial process and judged solely by the eye. It excludes construction principles, mere mechanical devices, trade marks, property marks and artistic works under the Copyright Act, 1957 (section 2(d)).

Example 2

Meera, a freelance designer, creates a pattern for a textile for Sharma Textiles Ltd. in return for a fee of ₹80,000 under an agreement. Who is the proprietor of the design?

Show the solution

Provision: section 2(j)(i) says that where the author executes the design for some other person for good consideration, that person is the proprietor.
Facts: Meera is the author. She created the design for Sharma Textiles Ltd. for a fee of ₹80,000, which is good consideration.
Analysis: clause (i) applies, so clause (iii), which makes the author the proprietor, is not reached.
Conclusion: Sharma Textiles Ltd. is the proprietor of the design.

Answer: Sharma Textiles Ltd. is the proprietor under section 2(j)(i), because the design was executed for it for good consideration. Meera, as author, would be proprietor only in cases not covered by clauses (i) and (ii).

Exam tips

Reproduce section 2(d) accurately. It is the most likely short-note or definition question.
Cite the clause letter, such as section 2(a), 2(c), 2(g) or 2(j), in every answer.
For proprietor problems, name the sub-clause and give the reason in one line.
Contrast design with patent and artistic work briefly to show understanding: eye appeal versus function.
Write the conclusion as the last line, even in a short note.

Practice questions from Law relating to Designs

Introduction and Definitions under the Designs Act, 2000: frequently asked questions

What is design under the Designs Act, 2000?

Under section 2(d), design means only the features of shape, configuration, pattern, ornament or composition of lines or colours applied to an article by an industrial process, which appeal to and are judged solely by the eye. It excludes mode or principle of construction and mere mechanical devices.

What does 'article' mean under the Designs Act?

Section 2(a) says article means any article of manufacture and any substance, artificial or partly artificial and partly natural. It includes any part of an article capable of being made and sold separately.

What does 'original' mean for a design?

Under section 2(g), original means originating from the author of the design. It includes designs which are old in themselves but new in their application.

Who is the Controller under the Designs Act?

Section 2(b) defines Controller as the Controller-General of Patents, Designs and Trade Marks referred to in section 3. Applications for registration are filed in the Patent Office under section 5(2).