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CS Professional · Intellectual Property Rights - Law and Practice · Introduction to Intellectual Property

Neha Gupta, a Jaipur designer, asks which Indian statute governs protection of a new shape and ornamentation applied to an article by an industrial process, judged by its eye appeal. Which Act applies?

The Designs Act, 2000 applies. It protects the shape, configuration, pattern or ornamentation applied to an article through an industrial process and judged by the eye. The Patents Act covers inventions and the Geographical Indications Act covers origin-linked goods, so neither suits Neha's visual features.

  1. AThe Designs Act, 2000Correct
  2. BThe Patents Act, 1970
  3. CThe Copyright Act, 1957 only
  4. DThe Geographical Indications of Goods (Registration and Protection) Act, 1999

Explanation

Features of shape, configuration, pattern or ornamentation applied to an article by an industrial process that appeal to the eye are protected under the Designs Act, 2000. The Patents Act covers inventions, and the GI Act covers goods tied to a territory. Copyright alone is not the primary regime once a design is industrially applied.

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