Designs that Drive Success: Unlocking Legal Insights for Business Growth in India

By Renu Bala and Shivam Malvi

In India, the protection of industrial designs is governed by the Designs Act, 2000. This legislation aims to promote innovation and creativity by providing legal protection to the visual appearance of products. Central to this framework are the definitions of “article” and “design,” which play a pivotal role in determining what can be registered and protected under the law.

Definition of “Article”

The term “article” refers to any object or item that can be manufactured and sold. According to Section 2(a) of the Designs Act, an “article” must possess certain characteristics:

1. Independence in Commerce: An article must be capable of being sold or used independently. This means that it should not merely be a component of a larger product but should have its own market presence. For example, a standalone chair can be considered an article, while a specific part of a machine that cannot be sold separately may not qualify.
2. Physical Existence: The article must have a tangible form. Abstract ideas or concepts cannot be registered as designs. This requirement ensures that the law protects only those designs that can be applied to physical products.
3. Commercial Viability: The article should have a certain level of commercial viability, meaning it should be marketable and capable of generating revenue. This aspect is crucial for businesses looking to protect their designs, as it directly impacts their ability to monetize their innovations.

Definition of “Design”

A “design,” as defined in Section 2(d) of the Designs Act, refers to the visual appearance of an article, which includes its shape, configuration, pattern, ornamentation, or composition of colors. The following points elaborate on the definition of design:

1. Originality: For a design to be eligible for registration, it must be new and original. This means that the design should not have been previously disclosed to the public or registered by another party. Originality encourages innovation and ensures that designers are rewarded for their creativity.
2. Aesthetic Appeal: The design must possess aesthetic value, meaning it should be visually appealing and capable of attracting consumers. This aspect is essential for businesses, as a well-designed product can significantly enhance marketability and consumer interest.
3. Non-Functional: The design must not be dictated solely by the function of the article. While functionality is important, the design should primarily focus on the visual aspects rather than the utilitarian features. This distinction helps protect the creative elements of a product’s design.

Hero Motocorp Case- Critically analyses definition of “Design” and “Article”

Hero Motocorp Limited vs. Shree Amba Industries[1]  

Hero Motocorp Limited, a major motorcycle manufacturer, filed a design infringement suit against Shree Amba Industries over the manufacturing and sale of a motorcycle front fender that Hero Motocorp claimed was an exact copy of their registered design for the “HERO HF DELUXE” front fender.

Hero Motocorp sought a permanent injunction to restrain the defendant, arguing that the replication was dishonest and damaged their brand’s goodwill, especially since the defendant was selling the product at a lower price. Shree Amba Industries, in defense, challenged the validity of the registered design, arguing that it was neither new nor original due to prior publication and that a spare part like a front fender was not a registrable “article” under the Designs Act, 2000

The definitions of “article” and “design” were exhaustively examined in the case of Hero Motocorp Limited vs. Shree Amba Industries, decided by the Delhi High Court on August 16, 2023. In this case, Hero MotoCorp claimed that Shree Amba had infringed upon their registered design for a motorcycle front fender.

The Hon’ble Delhi High Court ruled against Hero’s request for an interim injunction, emphasizing that the motorcycle fender does not qualify as an independent “article” under the Designs Act. The court noted that the fender is specifically designed for a particular motorcycle model and is sold only as a replacement part, lacking independent commercial viability. This explanation aligns with the legal understanding that for a design to be registered, the article must be capable of existing and sold independently.

The judgement highlights the significance of the definitions of “article” and “design” in deciding the scope of design protection. It highlights that components that do not have a separate presence in commerce may not be eligible for design registration, thereby impacting the rights of manufacturers and designers.

How Design registration helps in businesses growth?

Registering an industrial design is about more than just a paperwork; it’s about claiming ownership of the unique “look and feel” you’ve worked hard to create. By securing these legal rights, you turn your product’s aesthetics into a protected asset that no one else can legally copy or mimic. This doesn’t just keep competitors at bay butit transforms your creativity into a business tool that builds brand identity, boosts your market value, and even opens up doors for extra income through licensing. In a crowded market, design registration is the shield that ensures your original ideas stay yours.

Key advantages of design registration in India include:

• Enhancement of the product’s value as a recognized intellectual property asset
• Increased marketability and consumer appeal of the product
• Legal protection against infringement and unauthorized exploitation
• Prevention of unfair competition by restricting imitation
• Contribution to brand identity and long-term business recognition

According to the IPINDIA Annual Report of 2024-25, companies with the highest number design registrations in India[2] are as under:

Benefits to Businesses and Designers/Inventors

Understanding the definitions of “article” and “design” is crucial for businesses and designers/inventors for several reasons:

1. Legal Protection: By registering a design, businesses can secure exclusive rights to their creations, preventing others from using, making, or selling similar designs without permission. This legal protection is vital for maintaining a competitive edge in the market.
2. Encouragement of Innovation: The ability to protect designs incentivizes businesses and designers to invest in research and development. Knowing that their unique designs can be legally protected encourages innovation and creativity, leading to the development of new and improved products.
3. Market Differentiation: A registered design can serve as a powerful marketing tool. Unique and aesthetically appealing designs can help businesses differentiate their products from competitors, attracting consumers and enhancing brand loyalty.
4. Monetization Opportunities: Businesses can leverage their registered designs for various commercial opportunities, such as licensing agreements or collaborations. This can create additional revenue streams and expand market reach.
5. Enhanced Brand Value: A strong portfolio of registered designs can enhance a brand’s value and reputation. Consumers often associate innovative and well-designed products with quality, which can lead to increased sales and customer loyalty.

Conclusion

The definitions of “article” and “design” under Indian design law are fundamental to the protection of industrial designs. The case of Hero Motocorp vs. Shree Amba Industries, illustrates how these definitions can impact the ability to secure design protection. By understanding these definitions, businesses and designers can navigate the complexities of design registration effectively. The legal protection afforded by the Designs Act not only safeguards their creative efforts but also fosters an environment conducive to innovation and market competitiveness. As the landscape of design law continues to evolve, staying informed about these definitions will be essential for maximizing the benefits of design protection.

[1] CS(COMM) 1078/2018

[2] https://search.ipindia.gov.in/designsearch