The Fourth Dimension of Design

We give you the lowdown on The Design Act, 2000. Read on to familiarize yourself with the intricacies of the Act.
The Design Act, 2000 defines “design” under Section 2(d) as 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, 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 trademark as defined.

Prior to the Design Act 2000, there was no mention of dimension word in the older Act. The new Act says a design can have two or three dimensions. The question arises, what was the need to insert “two-dimensional or three-dimensional or in both”wordings for describing a design in the new Act? The Act is silent about the rationale behind it. So, readers are free to make assumptions. The most basic assumption behind inclusion of dimensions could be the presence of computers. Software, like CAD/CAM, easily uses three-dimensional (3D) graphics over a two-dimensional (2D) interface of the monitor, which was earlier difficult to produce with such ease.

The next question: why only 3D? The time dimension should also be added to the definition of the design. An eye can see 23 frames in a second as a series of still pictures, while the 24th frame makes it a continuous series of frames, where the pictures in the frames seem to be in full motion, making it a motion picture. Indeed motion pictures, where the flow of frames is always equal to or more than 24 frames per second, is not the subject of the design. But, up to 23 frames per second on the time dimension could be a topic for investigation for its suitability for design.

Reasoning behind the law

It is possible through computer programming and other software to convert a static design, that is, two/three-dimensional, into a dynamic design by inserting time dimension. The change in a static design with respect to time makes it a dynamic design. A static design can change its outlook periodically or randomly. If such changes at the interface occur at the rate of less than 23 frames per second, should it be called a design? If yes, then the fourth dimension should be recognized as part of dynamic design.

We have seen holograms as marks on various cartons and wrappers. They are used to stop piracy of products. Similarly, indicators that change their design with the passage of time can be used. For instance, Oral-B toothbrushes, where the bristle color changes with time to indicate time for replacement.

Does mere change in the colour means change in the design? Probably the answer lies in the usage of the colour scheme. Like in the Oral-B toothbrush example, a new brush contains three rows of bristles but when the blue row turns into white, the design changes because now there is just a single row of bristles. This example speaks in affirmation.

The Act is silent on the function of a design: is to just to appeal to the eyes? This provides space to think up more constructive uses of the design. Web designing and indicators make the scope of the definition of the design broader. The application part of a design that controls the appearance of an interface produces designs that change with time. By using Macromedia products like Flash, it is possible to animate. Animations are nothing but an array of frames that change with time. At a point of time one frame appears on the interface. If the rate of change of frames is greater than 23 frames per second, it becomes a movie otherwise we can name it as a dynamic design.

The Act is silent on the function of a design: is to just to appeal to the eyes?

Color can also be used as an indicator of the quality of a product. In drugs and pharmaceutical industry when a particular compound changes it color, it is said that the compound has expired and is not safe for consumption. Many drug flaps carry the standard name of the color of the drug. That drug is safe for consumption only in that particular color. So, it could be deduced that the industry is using color as an integral part of its product’s design.

The interface of all designs used to be 2D. Only simulated 3D figures can be represented over it. So, it is possible to show different permutations and combinations of two dimensions over the interface. This way even without changing the appearance of the 3D design the appearance at the interface can be changed.

Section 4 of the Design Act, 2000 talks about prohibition of registration of certain designs and it nowhere indicates that dynamic designs cannot be incorporated under it. This once again affirms the reasoning for incorporation of dynamic designs in the Design Act. The emerging legal trends will have to follow the advancements in the fields of science and technology.