ABSTRACT

In order to try and understand what an industrial design is, it is important to go back to the definition contained in the 1927 Act. In that Act, ‘design’ was defined as follows:

Essentially, an industrial design under the 1927 Act meant those parts of an article which are totally non-functional in nature but which make it look nice and seem appealing to a viewer or consumer. Those features of a product which make it look trendy, pretty and generally appealing to the eye are the features of the ‘industrial design’ of that product. They do not increase the functionality of the product; they merely make it look better.