Design, means only the features of shape, configuration, pattern, ornament or composition of lines or colours applied to any article whether in two dimensional or three dimensional or in both forms, 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-s. (1) of s. 2 of the Trade and Merchandise Marks Act, 1958 or property mark as defined in s. 479 of the Indian Penal Code or any artistic work as defined in clause (c) of s. 2 of the Copyright Act, 1957. [Designs Act, 2000 (16 of 2000), s. 2 (d)]
Design in popular parlance is used as a synonym with plan and includes a sketch. Sometimes it has also been held to be synonymous with 'figure'. The expression 'design' has within its ambit many facets including a criminal design which connotes and evil desire, obviously exemption notification cannot possibly mean and imply a meaning which can be attributed to be an evil one, Commissioner of Customs v. Parasrampuria Synthetics Ltd., (2001) 9 SCC 74 (80).
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