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• Intellectual Property Rights
  
  - DESIGNS ACT, 1911
  
  PRELIMINARY
  
  1. Short title, extent and commencement

  (1) This Act may be called the Designs Act, 1911.

  (2) It extends to the whole of India.

  (3) It shall come into force on the first day of January, 1912.
  2. Definitions

  In this Act, unless there is anything repugnant in the subject or context,-

  (1) [Omitted by Patents Act, 1970;]

  (2) "article" means any article of manufacture and any substance, artificial or natural, or partly artificial and partly natural;

  (3) "Controller" means the Controller General of Patents, Designs and Trade Marks appointed under sub-section (1) of section 4 of the Trade and Merchandise Marks Act, 1958;

  (4) "copyright" means the exclusive right to apply a design to any article in any class in which the design is registered;

  (5) "design" means only the features of shape, configuration, pattern or ornament applied to any article by any industrial process or means, whether manual, mechanical or chemical, separate or combined, which in the finished article appeal to and are judged solely by the eye; but does not include any mode or principle of construction or anything which is in substance a mere mechanical device, and does not include any trade mark as defined in clause(v) of sub-section (1) of section 2 of the Trade and Merchandise Marks Act, 1958, or property mark as defined in section 479 of the Indian Penal Code;

  (6) [Omitted by Patents Act, 1970]

  (7) "High Court" means-

  (a) in relation to a State, the High Court for that State;

  (b) in relation to the Union territory of Delhi, the High Court of Delhi;

  (bb) 1[***]

  (c) in relation to the Union territory of Arunachal Pradesh or Mizoram, the Gauhati High Court, the High Court of Assam, Nagaland, Meghalaya, Manipur and Tripura;

  (d) in relation to the Union territory of Andaman and Nicobar Islands, the High Court at Calcutta; and

  (e) in relation to the Union territory of 2[Lakshadweep], the High Court of Kerala;

  (ee) in relation to the Union territory of Chandigarh, the High Court of Punjab and Haryana;

  (f) in relation to the Union Territories of Dadra and Nagar Haveli and Goa, Daman and Diu, the High Court at Bombay;

  (g) in relation to the Union territory of Pondicherry, the High Court at Madras.

  (8) [Omitted by Patents Act, 1970].

  (9) "Legal representative" means a person who in law represents the estate of a deceased person;

  (10) and (11) [Omitted by Patents Act, 1970].

  (12) "patent office" means the patent office referred to in s. 74 of the Patents Act, 1970;

  (13) "prescribed" includes prescribed by rules under this Act; and

  (14) "proprietor of a new or original design"-

  (a) where the author of the design, for good consideration, executes the work for some other person, means the person for whom the design is so executed; and

  (b) where any person acquires the design or the right to apply the design to any article, either exclusively of any other person or otherwise means, in the respect and to the extent in and to which the design or right has been so acquired, the person by whom the design or right is so acquired; and

  (c) in any other case, means the author of the design;

  and where the property in, or the right to apply, the design has devolved from the original proprietor upon any other person, includes that other person.
  2A. Rule of construction in application of Act to Part B States

  [Repealed by the Part B States (Laws) Act, 1951].

  
  
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