Design is an idea as to features of shape, configuration, pattern or ornament applied to an article. It relates to the non-functional appearance of the product, which appeals solely to the eyes. A design is the ornamental or aesthetic aspect of an article. It may consist of two-dimensional features, such as pattern of textiles, wallpaperd etc. or three-dimensional features such as shape of flower vase. A design may be a shape of car, furniture, crockery etc.

Law Applicable in India
The law protecting design in India was governed by The Design Act, 1911, which has now been replaced by The Designs Act, 2000.

Registrable design
Registrable design means only the features of shape, configuration, pattern, ornament or composition of lines or colors. It is applied to any article in two or three-dimensional or in both forms by any industrial process or means which can be manual, mechanical or chemical in separate or combined form. The features of the design in the complete article should appeal to and are judged solely by the eyes.

Essential requirements for registration of design
A design in order to be registrable must be new or original and not previously published in India or elsewhere before the date of application for registration. Here the word 'new or original' involve the idea of novelty either in the pattern, shape or ornament itself or in the way in which an old pattern, shape or ornament is to be applied to some special subject matter. Original in relation to a design, means originating from the author of such design and includes the cases which though old in themselves yet are new in their application.

The design should relate to features of shape, configuration, pattern or ornamentation applied or applicable to an article by any industrial process.

The features of the design in the complete article should appeal to and are judged solely by the eye. This means a design is primarily of an aesthetic nature and does not protect any technical or functional features of the article to which it is applied.

Exceptions to design registration
The following designs are prohibited from registration

i.  A design which is not new or original
ii. A design which has been disclosed to public anywhere in the world prior to the
    filing date of application
iii. A design which comprises or contains scandalous or obscene matter
iv. A design which is not significantly distinguishable from known design
v.  A design, which is contrary to public order and morality.

Registration of design
Registration of design is done by the Patent Office at Kolkata. Any person claiming to be the proprietor of any new or original design not previously published in any country can make an application for registration of design. Thereafter the application will be examined by an examiner as to whether the design is registrable and submit a report to the controller. If the application is in order and satisfies the requirements, the application will be accepted and the controller will register the design. If the controller refuses the application any aggrieved person may appeal to the High Court. Date of registration of design will be the date of application.

Term of Design
The term of design in the first instance will be of ten years, which can be extended for further period of five years.

Infringement
A suit for infringement of design can be instituted in the district court or in the High Court having jurisdiction to try the suit. Civil remedies are available against infringement, which include injunction, damages or account of profits, delivery-up of infringing article. There is no provision for criminal proceedings against piracy of designs.