Definition of design

The Designs Act allows an applicant to register an aesthetic design or a functional design or both. Integrated circuit topographies and mask works may be registered as functional designs.

Aesthetic design

An aesthetic design is a design which is applied to an article and which has features which appeal to and are judged solely by the eye, irrespective of the aesthetic quality thereof. An aesthetic design does not extend to features of the article which are necessitated solely by the function which the article is intended to perform, or to a method or principle of construction.

An aesthetic design thus protects the appearance of an article (its shape, configuration, pattern or ornamentation) but excludes those features of this appearance which are dictated solely by function. By way of example, articles which are suitable subject-matter for protection by way of aesthetic designs, are articles such as furniture, textiles, moulded articles, bottle shapes, lamp shades, door handles, clothes hangers, and so on.

Functional design

A functional design is a design which is applied to an article and which has features which are necessitated by the function which the article is to perform. A functional design extends to an integrated circuit topography, a mask work and a series of mask works. However, a functional design does not provide protection for the pattern, shape or configuration of an article which is a spare part for a machine, vehicle or equipment.

A functional design thus affords protection for features of pattern, shape or configuration which are necessitated by the function which the article is intended to perform, such as cogs, cams, levers, rolled metal sections, or the like.

Integrated circuit design

Integrated circuit topography design means a functional design which consists of the pattern, shape or configuration of the three-dimensional disposition of the electrical, electromagnetic or optical elements and circuitry of an integrated circuit.

Integrated circuit means an article, in final or intermediate form, containing electrical, electromagnetic or optical elements and circuitry, which is capable of performing an electrical or an optical function, and in which at least a part of the electrical, electromagnetic or optical elements and circuitry are integrally formed, in accordance with a predetermined topography, in a semiconductor material.

Mask work design means a functional design which consists of a pattern of an image however fixed or encoded, having or representing at least a part of an integrated circuit.

Series of mask works means a related group of mask works which together represent the three-dimensional disposition of the electrical, electromagnetic or optical elements and circuitry of an integrated circuit.

Set of articles

It is also possible to obtain design protection for a ‘set of articles’. A set of articles is defined as a number of articles of the same general character ordinarily on sale or intended to be used together.

For further detail, please click hereto download our pamphlet on Registration of Designs.