Intellectual Property Rights - Law and Practice · Industrial Designs

Introduction to Industrial Designs and the Designs Act, 2000

Updated 11 October 2026 · Fact-checked

An industrial design is the look of an article: its shape, configuration, pattern, ornament or lines or colours, judged solely by the eye. The Designs Act, 2000 lets the proprietor register it and gain the exclusive right to apply it to articles in the registered class. To answer questions, quote section 2 and apply it to the facts.

Understand Introduction to Industrial Designs and the Designs Act, 2000

Think of a bottle, a chair or a phone cover. Two products may work the same way, yet buyers pick one for how it looks. An industrial design protects that look, not the function. The law rewards the maker for visual creativity applied to mass-produced goods.

In India, the Designs Act, 2000 governs this. It extends to the whole of India (section 1) and came into force on 11 May 2001. It replaced the older designs law. Its broad purpose is to protect new or original designs applied to articles, so that the proprietor can stop copying and the design can be used commercially. Do not state the objectives as a quoted list from the Act. Explain them in your own words: protect original visual design, encourage design creativity and promote the design-related industry.

The heart of the topic is the definition in section 2(d). A design means only the features of shape, configuration, pattern, ornament or composition of lines or colours, applied to any article, in two or three dimensions 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. It does not include any mode or principle of construction, or anything that is in substance a mere mechanical device. It also excludes a trade mark, a property mark and an artistic work as defined in the Copyright Act, 1957.

Other key terms: article (section 2(a)) means any article of manufacture and any substance, artificial or partly artificial and partly natural, and includes any part of an article capable of being made and sold separately. Original (section 2(g)) means originating from the author of the design, and includes cases which, though old in themselves, are new in their application. Copyright in a design (section 2(c)) means the exclusive right to apply the design to any article in any class in which it is registered. Proprietor (section 2(j)) is the person for whom the author executes the design for good consideration, or the person who acquires the design or the right to apply it, or otherwise the author; it also includes a person on whom the property or right has devolved.

The Act is administered by the Controller (the Controller-General of Patents, Designs and Trade Marks, section 2(b)). On the international side, designs are covered by the Paris Convention and the TRIPS Agreement, which requires members to protect independently created designs that are new or original. The Hague Agreement provides an international system for filing design applications through WIPO. Keep your treatment of the Hague Agreement and TRIPS general, as they are not in the Act text above.

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 + judged solely by the eye; Exclusions: mode or principle of construction, mere mechanical device, trade mark, property mark, artistic work under the Copyright Act, 1957.
Article (section 2(a)): Article = any article of manufacture or substance (artificial or partly artificial and partly natural), including a part 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 is about source and new application, not absolute novelty alone.
Copyright in a design (section 2(c)): Copyright = exclusive right to apply the design to any article in any class in which it is registered; It is a right tied to the registered class, not a copyright under the Copyright Act.
Proprietor (section 2(j)): Proprietor = (i) person for whom the design is executed for good consideration; (ii) person who acquires the design or right; (iii) otherwise, the author; plus successors; Commissioner for consideration beats author as proprietor.
Commencement and extent (section 1): Extends to whole of India; in force from 11 May 2001; Commencement was by Central Government notification.

How to solve Introduction to Industrial Designs and the Designs Act, 2000 questions

Use this method for definition, scope and short-note questions, and for case-based questions asking whether something is a design.

1Identify what the question asks: definition, objective, key term, or application to facts.
2Quote the relevant provision, such as section 2(d), 2(a), 2(g) or 2(j), in plain words.
3Break the definition into elements: features, article, industrial process, eye appeal.
4Test each fact against each element and note any exclusion that applies.
5Where ownership is asked, apply section 2(j) in order: commissioned, acquired, then author.
6Add the international context (Paris, TRIPS, Hague) briefly if the question is about scope or background.
7Conclude clearly: is it a design, and who is the proprietor?

Quickest way: Eye, Article, Process, Exclusions

When to use it: Use for any fact-based question asking whether a feature qualifies as a design.

Eye: is the feature visual and judged solely by the eye?
Article: is it applied to an article, including a separately saleable part?
Process: is it applied by an industrial process or means?
Exclusions: is it a method of construction, mechanical device, trade mark, property mark or artistic work?
State the conclusion and, if asked, name the proprietor under section 2(j).

Common mistakes in Introduction to Industrial Designs and the Designs Act, 2000

Saying a design protects how a product works.
Students mix designs with patents.
Fix: Design covers only features judged solely by the eye. Mode or principle of construction and mere mechanical devices are excluded.
Treating a logo or brand name as a registrable design.
Both are visual, so they look alike.
Fix: Section 2(d) excludes trade marks and property marks. Such matter belongs to trade mark law.
Calling the design right 'copyright' under the Copyright Act, 1957.
The same word is used.
Fix: Under section 2(c), copyright in a design is the exclusive right to apply the design to articles in the registered class. Also, an artistic work as defined in the Copyright Act is excluded from design.
Naming the author as proprietor in every case.
Students forget section 2(j)(i) and (ii).
Fix: If the author executes the design for good consideration for another, that person is proprietor. An acquirer is proprietor to the extent acquired.
Treating any part of a product as an article.
Section 2(a) is read loosely.
Fix: A part is an article only if it is capable of being made and sold separately.
Reading 'original' as meaning entirely never seen before.
Confusion with novelty.
Fix: Section 2(g) says originating from the author, and includes old designs that are new in their application.

Worked examples

Example 1

Define 'design' under the Designs Act, 2000 and state what is excluded from it.

Show the solution

Cite section 2(d).
State the elements: only features of shape, configuration, pattern, ornament or composition of lines or colours.
State that they must be applied to an article, in two or three dimensions or both, by an industrial process or means (manual, mechanical or chemical, separate or combined).
State the test: in the finished article they appeal to and are judged solely by the eye.
List exclusions: mode or principle of construction, anything that is in substance a mere mechanical device, a trade mark, a property mark under the Indian Penal Code, and an artistic work under the Copyright Act, 1957.

Answer: A design is the visual features of an article, judged solely by the eye and applied by an industrial process, excluding construction principles, mechanical devices, trade marks, property marks and artistic works.

Example 2

Meera, a freelance designer, is paid ₹75,000 by Arvind Utensils Pvt. Ltd. to create a pattern for its steel lunch boxes. Arvind Utensils later sells the right to apply the pattern to Kaveri Steelware. Who is the proprietor at each stage?

Show the solution

Identify the rule: section 2(j) defines proprietor.
Stage one: Meera executed the design for good consideration for another person, so under section 2(j)(i) the proprietor is Arvind Utensils, not Meera.
Stage two: Kaveri Steelware acquired the right to apply the design, so under section 2(j)(ii) it is proprietor in respect of and to the extent of what it acquired.
Note that proprietor also includes a person to whom the property or right has devolved from the original proprietor.
Check the article: a steel lunch box is an article of manufacture under section 2(a).

Answer: Arvind Utensils Pvt. Ltd. is proprietor at first. Kaveri Steelware becomes proprietor to the extent of the right it acquired. Meera is not proprietor.

Exam tips

Learn section 2(d) almost word for word. It is the most tested provision in this topic.
In case-based questions, apply each element of the definition to the facts before concluding.
For ownership problems, always run through section 2(j) in its three limbs.
Keep Hague Agreement and TRIPS answers brief and general unless the question demands more.
Do not quote sections you are unsure of. Use the ones in this page.

Practice questions from Industrial Designs

Introduction to Industrial Designs and the Designs Act, 2000: frequently asked questions

What is the definition of design under the Designs Act, 2000?

Section 2(d) defines design as 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 construction principles, mechanical devices, trade marks, property marks and artistic works.

Is a design the same as a patent?

No. A patent protects an invention and how it works. A design protects only how an article looks. The Act excludes mode or principle of construction from design.

Who is the proprietor of a design?

Under section 2(j), it is the person for whom the author executes the design for good consideration, or a person who acquires the design or right, or otherwise the author. Successors to the property are included.

How does the Hague Agreement relate to industrial designs?

The Hague Agreement provides an international system, run through WIPO, for filing design applications. For this topic, know it as part of the international context along with the Paris Convention and TRIPS.

When did the Designs Act, 2000 come into force?

It extends to the whole of India and came into force on 11 May 2001, by Central Government notification under section 1.