Section 2 of DA, 2000 : Section 2: Definitions

Explanation using Example

Imagine a local craftsman, Arjun, creates a unique pattern for ceramic vases that involves a special blend of colors and a distinct shape. He decides to protect this design to prevent others from copying it. Here's how the Designs Act, 2000 applies:

• Under the Act, Arjun's vase pattern is considered an "article" since it is a manufactured item that can be sold.
• He files an application for design registration. The "Controller" of the Patent Office is responsible for overseeing this process.
• Upon registration, Arjun gains "copyright" in the design, giving him the exclusive right to use it on ceramic vases within the registered class of articles.
• The aesthetic features of his vase pattern are protected as a "design" since they are judged by the eye and do not include any mechanical device or trademark.
• If a dispute arises regarding his design, it may be addressed in the "High Court" that has jurisdiction over such matters.
• If Arjun passes away, his "legal representative" will inherit the rights to the design.
• Since Arjun is the originator of the design, he is considered the "proprietor of a new or original design".