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Industrial Designs
Industrial designs refer to creative activity which
result in the ornamental or formal appearance of a product
and design right refers to a novel or original design
that is accorded to the proprietor of a validly registered
design. Industrial designs are an element of intellectual
property. Under the TRIPS Agreement, minimum standards
of protection of industrial designs have been provided
for. As a developing country, India has already amended
its national legislation to provide for these minimal
standards.
The essential purpose of design law it to promote and
protect the design element of industrial production.
It is also intended to promote innovative activity in
the field of industries. The existing legislation on
industrial designs in India is contained in the New
Designs Act, 2000 and this Act will serve its purpose
well in the rapid changes in technology and international
developments. India has also achieved a mature status
in the field of industrial designs and in view of globalization
of the economy, the present legislation is aligned with
the changed technical and commercial scenario and made
to conform to international trends in design administration.
This replacement Act is also aimed to inact a more
detailed classification of design to conform to the
international system and to take care of the proliferation
of design related activities in various fields.
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