Intellectual Property Rights Assignment Session 2016-17

10/4/2020 Intellectual Property Rights Assignment session 2016-17: Analysis Of Designs Act, 2000 | Copyright | Patent
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Intellectual Property Rights Assignment session 2016-17
DR. SHAKUNTALA MISRA NATIONAL REHABILITATION

UNIVERISTY
LUCKNOW
ASSIGNMENT ON
ANALYSIS OF DESIGNS ACT, 2000
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(UNDER THE SUPERVISION OF SHAIL is...
SHAKYA)
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Wm. T. Burnett ASSIGNMENT

IP-DIGEST-CASES- RA8293 IP Code of ON ANALYSIS
Adage Enterprise RTCOF DESIGNS
Industries v. UnilocACT,
et. al. v. 2000
Luminus
Fiber LLC CH1.docx 1997 v. Attitudes in… Flextronics… Depositphotos v. LED En
SUBMITTED TO: : SUBMITTED
SHAIL SHAKYA SHIVAM TIWA
ASSISTANT PROFESSOR, ROLL NO. 38
FACULTY OF LAW B.COM.LLB (H
DSMNRU, LUCKNOW 5 TH SEMESTER

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Acknowledgement
I would like to express my deepest appreciation

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30 Days me the po
to complete this project. A special gratitude I give to our teacher whose contrib
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stimulating suggestions and encouragement helped me to coordinate my project espec
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Furthermore I would also like to acknowledge with much appreciation the crucial rol
teachers who gave the permission to use all required equipment and the necessary ma
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complete the project ”ANALYSIS OF DESIGNS ACT, 2000”. I have to apprec
guidance given by other teachers that has improved our presentation skills thanks
Wm. T. Burnett IP-DIGEST-CASES-
comment RA8293 IP Code of
and advices. Adage Enterprise RTC Industries v. Uniloc et. al. v. Luminus
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Intellectual Property Rights Assignment session 2016-17 
Wm. T. Burnett IP-DIGEST-CASES- RA8293 IP Code of Adage Enterprise RTC Industries v. Uniloc et. al. v. Luminus
TABLE OF CONTENTS
1. Introduction
Introduction……………………………………………………………………4
……………………………………………………………………4
2. Historical background of Design Law………………………………………....5
Law………………………………………....5
3. Meaning of design……………………………………………………………..6
design……………………………………………………………..6
3.1 mere mechanical devices…………………………………………………..6
devices…………………………………………………..6
3.2 Eye Appeal………………………………………………………………...7
4. Meaning of article……………………………………………………………..7
article……………………………………………………………..7
4.1 Part of Article……………………………………………………………..
Article…………………………………………………………….. 8
8
4.2 Proprietor of new and old Designs
Designs………………………………………..8
………………………………………..8
5. Criteria for registration of designs…………………………………………….9
designs…………………………………………….9
6. Application for registration of designs…………………………………….....10
designs…………………………………….....10
7. Copyright in designs andYou're Reading
duration a Preview
duration……………………………………………10
……………………………………………10
8. Cancellation of registration……………………………………………………1
Become……………………………………………………..1
a Scribd member for full access. Your
8.1 Any person interested……………………………………………………..
interested 1
first 30 days are free.
8.2 Design……………………………………………………………………..
Design……………………………………………………………………..1 1
8.3 Due to design not new Continue
and original……………………………………….
original ………………………………………. 1
Reading with Trial 1
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This document is...
8.4 Due to prior registration…………………………………………………..
registration………………………………………………….. 1 1
8.5 Due to prior publication…………………………………………………...
publication …………………………………………………...1
1
9 Piracy of registered designs 1

9. Piracy of registered designs…………………………………………………...
designs…………………………………………………...1
1
10. Remedies
Search against the piracy of the  designs………………………..
registered Read Free
designs For 30 Days
………………………..1  1

10.1 Interlocutory injunction………………………………………………….
injunction………………………………………………….1
1
10.2 No injunction…………………………………………………………….
injunction …………………………………………………………….1
1
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
10.3 Final injunctions………………………………………………………
injunctions ………………………………………………………...
... 16
10.4 Damages………………………………………………………………….
Damages………………………………………………………………….1
1
11. Jurisdiction of the court……………………………………………………….
court……………………………………………………….1
1
12. Miscellaneous
Miscellaneous…………………………………………………………………
…………………………………………………………………1
 1
13. Conclusion…………………………………………………………………….
Conclusion…………………………………………………………………….1
1
INTRODUCTION-
Design refers to the features of shape, configuration, pattern, ornamentation or comp

of lines or colours applied to any article, whether in two or three dimensional (or both
This may be applied by any industrial process or means (manual, mechanical or ch
separately or by a combined process, which in the finished article appeals to and
solely by the eye. Design does not include any mode or principle of construction or a
which is mere mechanical device. It also does not include any trade mark or any artist
An industrial design registration protects the ornamental or aesthetic aspect of an

Designs may consist of three-dimensional features, such as the shape or surfaceof an
This document is...
or of two dimensional features, such as patterns, lines
orUseful
color. Designs are applied to
 Not useful
variety of products of different industries like handicrafts, medical instruments, w
jewelry, house wares, electrical appliances, vehicles and architectural structu

 
industrial design is primarily for aesthetic features.

In the era of globalization, it is increasingly evident that the competitiveness of any en
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its product a Preview
and service with an objective to distingui

from its competitors in theBecome
market.a Scribd memberfor
It is common for manufacturers
full access. Yourto capture product
or create a niche for their product by first 30 days are free.
differentiating, an otherwise similar product (sub
in terms of functionality) on the basis of ‘eye appeal’. Even if these products are not
Continue Reading with Trial 
substitutes, the choice of consumers and in turn market demand; may, to a large
depend on the appearance. In this respect, Industrial Designs (ID) have become a sig
Fiber LLC element in a product’s
CH1.docx 1997 value chain.
chain.
v. Attitudes in… Flextronics… Depositphotos v. LED En
This allows a high potential and incentive for profitability for business through invest
ID especially large producers.
producers. For such product segments, ‘design’ feature is an e
component and hence is protected to avoid imitation with an intention of passing
stand at the junction of artistry and industry and are applicable to many different
markets and nature of protection may vary from cultural artistic market to a co
oriented general product market. The various arguments extended to seek protec
design is grounded on the role of designs in maintaining and promoting competition w
market economy.

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HISTORICAL BACKGROUND OF DESIGN LAW:-  Not useful
It is significant to note that when the designs law was codified in 1842 and took its
day shape, copyright protection had not yet been extended to drawings, paintin
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photographs. This came only twenty years later with the enactment of the Fi
Read Free For 30 Days 
Copyright Act, 1862. Codification of copyright law was nowhere in sight and cam
Related titlesseventy years later with the enactment of the Imperial Copyright Act, 1911. Until 18

statutes relating to patents, designs and trade marks remained separate. They were co
in a single enactment by the Patents, Designs, and Trade Marks Act, 1883, which repe
the then existing statutes in the three areas. Soon trade marks law parted company a

separately enacted as the Trade Marks Act, 1905, leaving patents and designs to
together.
The Patents and Designs Act, 1907 consolidated the enactments relating to pate
designs. The first designs legislation enacted in India for the protection of Industrial
was the Patents and Designs Protection Act, 1872. It was enacted to supplement the
1859 passed by the Governor General of India for granting exclusive privileges to in
You're Reading a Preview
and added protection for Industrial Design. The Act of 1872 was passed to extend
Become a Scribd member for full access. Your
first 30
privileges to the inventors of “any new days
and are free.pattern and design” in Britis
original
though for a very shorter duration. It included in the term “new manufacture” any n
Continue Reading with Trial
original pattern or design, or the application of such pattern or design to any subst
article of manufacture". The Act, however, left undefined the expression new pa
design. The Inventions and Designs Act, 1898, which consolidated and amended
relating to the protection of inventions and designs contained provisions relating to de
a separate part. The (British) Patents and Designs Act, 1907, became the basis of the
Patents and Designs Act, 1911.
The provision relating to patents under the Indian Patents and Designs Act, 191
repealed by the Patents Act, 1970 − a post-
post - Independence updation and consolidatio
patent law. The design provisions of the Indian Patents and Designs Act, 1911 co
with some consequential amendments, with the title as the Designs Act, 1911. T

Designs Act, 2000 has been passed by the Parliament to make the Design Law i
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Intellectual Property Rights Assignment session 2016-17 
MEANING OF DESIGN:-
Fiber LLC CH1.docx
Design 1997
as per Section 2(d) of v. Attitudes in… Flextronics… Depositphotos
the Designs Act, 2000 means only the features v. LEDof
En
configuration, pattern or ornament or composition of lines or colour or combination

applied to any article whether two dimensional or three dimensional or in both forms
industrial process or means, whether manual, mechanical or chemical, separate or co
which in the finished article appeal to and are judged solely by the eye, but does not
any mode or principle or construction or anything which is in substance a mere mec
device, and does not include any trade mark, as define in clause (v) of sub-section of
2 of the Trade and Merchandise Marks Act, 1958, property mark or artistic works as
under Section 2(c) of the Copyright Act, 1957 .
Polymer Paper Ltd. vs. Gurmeet Singh and Others 1 , the Delhi High Court held
In Polymer
In
industrial drawings and designs in which copyright was claimed were for pur
manufacturing of filter related machines or components and as such clearly fell wi
meaning of design as defined in the Designs Act, 2000. Since the design was not re
under the Designs Act, the plaintiff could not claim copyright therein.
WHAT ARE NOT DESIGNS:-
As stated in the definition Become a Scribd
of the design member
above, for full
design doesaccess. Your
not include:
(i) any trademark, as defined in Section 2(zb)

Continue of thewith
Reading Trademarks
Trial Act, 1999, or
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This document
(ii) any property mark, as defined in Section 479 of the Indian is... 1860, or
Penal Code,
(iii) any artistic work, as defined in Section Copyright Act,
Sect ion 2(c) of the  1957. Useful Not useful
[Artistic Work
Searchmeans   Read Free For 30 Days
 
(i) A painting, sculpture, drawing (including a diagram, map, chart or plan), an engrav
Related titles photograph, whether or not any such work possesses artistic quality.

(ii) Any work of architecture i.e. any building or structure having an artistic
arti stic character
design or any
mode for such building or structure. 
(iii) Any work of artistic craftsmanship (Section 2(c)).
1
2002(25) PTC 327 (Del.)
An illustrative list of non-registrable designs is as under:
 book jackets, calendars, certificates, forms and other documents.

 dress making patterns, greeting cards, leaflets, maps and plan cards.
 post cards, stamps and medals.
 labels, tokens, cards and cartoons.
 any principle or mode of construction of an article.
 mere workshop alterations of components of an assembly.
 mere change in size of article.
 flags, emblems or signs of any country. 
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 layout designs of integrated circuits.  Useful  Not useful
MERE MECHANICAL DEVICE:-

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A mere mechanical device or functional design is not registrable. While pattern
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ornament would ordinarily be applied to an article; shape and configuration becom

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
Therefore, by necessary Become a Scribd
corollary, member
a design for fullhas
which access. Your
functional attributes ca
registered under Designs Act. This is the essence of the section 2(d) of the Designs A
protection under the Designs Act is granted only to those designs which have an a

value or otherwise appeal to the eye. There may be however cases where the design
fulfilling the test of being appealing to the eye is also functional.

Fiber LLC In Fishers
In Fishers
CH1.docx Stoves 1997
Inc. v.
v. All
All Nighters Stoves
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guilty of the infringements of the plaintiff’s design, as it was a functional one since pl
advertisement emphasized the functional nature of the features.
EYE APPEAL:-
The eye alone is to be the judge of identity for the purpose of deciding whether a pa
design has been anticipated or not by another has long been settled law. The design sh
protected provided it was not merely an analogous and that the test of novelty is the
the judge who must place the two designs side by side and see whether the one for
novelty is claimed is new.
2
206 USPQ 961
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no right to institute a suit or proceeding in respect of piracy of design or infrin
copyright, which has been committed between the date on which the design ceased
effect and the date of restoration of the design. Piracy of a Design means the applicat
applicat

design or its imitation to any article belonging to the class of articles in which the des
been registered for the purpose of sale or importation of such articles without the
Wm. T. Burnett IP-DIGEST-CASES-
consent RA8293 IP proprietor.
of the registered Code of Adage
AEnterprise
registeredRTC Industries v.canUniloc
proprietor et. al. v.
institute a suit Luminus
for inj
as well as recovery of damages against any person engaged in piracy of the registered

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BIBLIOGRAPHY/ REFERNECE
Books
 Designs act ,2002
 Intellectuall Property Rights ( Si ng

Intellectua ngha
hall law
law P ub
ublilica
cation)
tion)
 Ahuja, V.K. law relating to intellectual property rights ( L exi sne

intellectual property snexi
xi s) stude
stude
edition
Web Sources
1. www.justicusindia.blogspot.in
www.justicusindia.blogspot.in
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2. www.lawyersclubindia.com
www.lawyersclubindia.com
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Useful  Not useful
3. www.legalservicesindia.com
www.legalservicesindia.com
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DR. SHAKUNTALA MISRA NATIONAL REHABILITATION

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Wm. T. Burnett ASSIGNMENT

SUBMITTED TO: : SUBMITTED

SHAIL SHAKYA SHIVAM TIWA

ASSISTANT PROFESSOR, ROLL NO. 38

FACULTY OF LAW B.COM.LLB (H

DSMNRU, LUCKNOW 5 TH SEMESTER

ANALYSIS OF DESIGNS ACT, 2000