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CS Professional · Intellectual Property Rights - Law and Practice · Types of Intellectual Property

Nisha Furnitures designs a chair whose distinctive shape is created purely to make the chair stable, and it is not intended to be judged by the eye. It seeks registration under the Designs Act, 2000. Which ground is the most likely reason the Registrar would refuse?

The Registrar would likely refuse because the feature is purely functional, a mode of construction or mechanical device, and not a feature judged solely by the eye. The Designs Act protects only visual appeal, and furniture, company ownership and three-dimensional shape are no bar.

  1. AThe claimed feature is a mere mechanical device or functional construction, outside the meaning of designCorrect
  2. BThe chair is an article of furniture, which the Act does not cover
  3. CThe chair design is registered in the name of a company
  4. DThe design uses a three-dimensional shape

Explanation

The Designs Act excludes from 'design' any mode or principle of construction or anything that is in substance a mere mechanical device. A feature chosen purely for stability is functional and not judged solely by the eye. Furniture is an article, companies can proprietors, and three-dimensional shapes are expressly included, so the other options are wrong.

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