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

Meera Textiles prints a floral motif on its sarees using a mechanical printing process. The motif, as seen on the finished saree, appeals to and is judged solely by the eye. Which description best fits this under the Designs Act, 2000?

The floral motif qualifies as a design because it is a pattern or ornament applied to an article (a saree) by an industrial process, whether manual, mechanical or chemical, and in the finished article it appeals to and is judged solely by the eye. Two-dimensional features are expressly covered.

  1. AIt can be a 'design' because it is a feature of pattern or ornament applied to an article by an industrial process and judged solely by the eyeCorrect
  2. BIt cannot be a 'design' because only three-dimensional features qualify
  3. CIt cannot be a 'design' because manual or mechanical processes are excluded
  4. DIt can be a 'design' only if it is also a mode or principle of construction

Explanation

The Act defines design as features of shape, configuration, pattern, ornament or composition of lines or colours applied to an article, in two or three dimensions, by any industrial process (manual, mechanical or chemical), judged solely by the eye. The floral pattern meets this. Option B is wrong because two-dimensional designs are expressly covered.

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