designs act 2000

8/11/2019 Designs Act 2000

http://slidepdf.com/reader/full/designs-act-2000 1/66

8/11/2019 Designs Act 2000


LONG HISTORY OF DESIGN REGISTRATIONS IN INDIAIT STARTED WITH THE DESIGNS ACT,1911:

PRESENTLY THE DESIGNS ACT,2000 IS IN FORCE

KEY FEATURES WHICH MAKE THE PRESENT DESIGNS ACT

AS PER INTERNATIONAL STANDARDS:(a) the broadened scope of “Article” which now specifically

includes any part of an article capable of being made and sold separately;

(b)“Design” to include apart from shape, configuration, pattern or ornament even composition

of lines or colours applied to any article;

(c) absolute (worldwide)novelty for registration of designs;

(d) introduction of the International system of Classification of goods;

(e) possible restoration of lapsed designs;

(f)possible inspection of registered designs immediately after registration;

(g) allowing broadened convention priority;

8/11/2019 Designs Act 2000


Bharat Glass Tube Limited v. Gopal

Gas Works (2008)• emphasized that the protection given with

respect to designs “ is primarily to advance

industries and to keep them in high level ofcompetitive progress”.

• Interesting feature of ID is that, unlike

patents, it does not have high social costs asit does not offer someone the status of an

absolute monopolist in the relevant market.

8/11/2019 Designs Act 2000


Escorts Construction Equipment LtdVs

Action Construction Equipment Pvt Ltd,

1999 PTC 36(Del)

• The expression „design‟ does not include a method

or principle of construction or features or shape or• configuration which are dictated solely by the

function which the article to be made in that shapeor configuration has to perform.”

• Rejecting the contention of the plaintiff whoclaimed protection of certain specific parts of thecrane, the Court held: “

8/11/2019 Designs Act 2000


Facts of the Case:AIR 2008 SC 2520

• The aforesaid parts of the crane are made in a particular shape so as to interrelate with othersmechanically.

• These parts of the crane are not made to appeal tothe eye but solely to make the crane work orfunction.

• Most of the key components or parts, unseen in

the crane for which they were required, had onlyto pass the test of being able to perform theirfunction.

• They would be judged by performance and not byappearance. Consequently, the aforesaid keycomponents or parts are incapable of being

”

8/11/2019 Designs Act 2000


DESIGNS ACT 2000(Came In To Force On 11-05-2001)APPLIED TO

ANY ARTICLE OF MANUFACTURE IN TWO DIMENESIONOR THREE DIMENSION OR IN BOTH FORM

8/11/2019 Designs Act 2000


BY ANY INDUSTRIAL PROCESS OR MEANS

IT CAN BE:MANUAL;MECHANICAL;CHEMICAL;

SEPARATE OR COMBINED

8/11/2019 Designs Act 2000


DESIGN SHOULD BE APPLICABLE BY

INDUSTRIAL MEANS

WHERE THE ESSENTIAL CONSTRUCTION OF THE DESIGN

COMPRISES OF NATURAL THINGS AS SUCH, FOR EXAMPLE,

AN ORNAMENT USING NATURAL ROCKS,

A STUFFING OF A BIRD OR ANIMAL,

AN ORNAMENT OR CONTAINER USING WOOD OR BAMBOO,

EACH INCORPORATES, FORMATIVE BEAUTY CREATED BY

NATURE AS AN ESSENTIAL PORTION OF THE DESIGN.

SUCH A DESIGN CAN NOT BE PRODUCED ON A REPEATED

BASIS BY INDUSTRIAL MEANS HENCE NOT A SUBJECT FIT

FOR DESIGN REGSITRATION.

8/11/2019 Designs Act 2000


Duration of Design

• The total term of a registered design is 15

years. (Initially 10 years, can be extended,

by another 5 years.)

• The Design Wing of Patent Office

(Kolkata) is entrusted to administer the

provisions under the Design Act, 2000.

8/11/2019 Designs Act 2000


International Conventions:

• The Paris convention (1883) for theProtection of Industrial Property was the

first international convention whichdiscusses the concept of industrial propertyand its protection including generalstandards of protection for industrial

designs to be provided by the memberstates. India is a contracting party to theconvention.

8/11/2019 Designs Act 2000


The Par is convention (1883)

• Article 5 quinquies of the Paris Convention

provided that industrial designs shall be

protected in all contracting countrieshowever, the scope for such protection was

not defined.

8/11/2019 Designs Act 2000


The Berne Convention

(1886)• for the Protection of Literary and Artistic

Works , commonly referred to as the Berne

Convention, is an international agreementgoverning copyright. India is a party to theconvention and recognizes the copyright ofworks of authors from other members of the

Berne Union in the same way as itrecognizes the copyright of its ownnationals.

8/11/2019 Designs Act 2000


The Hague Agreement

• changed the basis for the protection of industrialdesigns from the so-called “copyright approach” to the “patent approach”.

The Hague Agreement consists of several separatetreaties. The most important of them are:

• The London Act of 1934,

• the Hague Act of 1960, and• the Geneva Act of 1999 (The 1934 Act is frozen

as of January 1, 2010).

8/11/2019 Designs Act 2000


Classification of designs in classes 1979)

An International classification of Industrial Designsaccording

to the Locarno Agreement has been introduced in theDesigns

Rules, 2001. The classification of goods is based uponthefunction of the classification of goods is applied.

Classes and most of the classes are further divided intosub-

classes.These classes and sub-classes are mainlyfunction

oriented.

Normally, the name of the article should be such that iscommon/familiar in the trade or Industries. The name of

8/11/2019 Designs Act 2000


The Trade Related Aspects of Intellectual

Property

Rights Agreement (TRIPS)

• Provides for minimum norms and standards

with respect to different categories of

intellectual property rights includingIndustrial Designs. The TRIPS Agreement

obliges member nations to provide for the

protection of independently created new ororiginal industrial designs.

8/11/2019 Designs Act 2000


8/11/2019 Designs Act 2000


CLASSIFICATION OF DESIGNS

CLASS-03= TRAVEL GOODS & PERSONAL BELONGINGS

Sub Class 03-01: Trunks,Suitcases,Briefcases,

Sub Class 03-03: Sunshades ,Walking Sticks ..

Sub Class 03 — 04: Fans

CLASS 07 : HOUSEHOLD GOODS

Sub Class 07-01 : China ,glassware,dishes..

Sub Class 07-03 : Table Knives..

Sub Class 07-08: Fire Place Implements

8/11/2019 Designs Act 2000


CLASS 15 : MACHINES

Sub Class 15-03 :AGRICULTURAL MACHINARY-PLOUGH DESIGNS

-REAPING MACHINES

8/11/2019 Designs Act 2000


WHICH APPEAL TO AND ARE JUDGED SOLEY BY THE EYE

8/11/2019 Designs Act 2000


ANY SUBSTANCE

Fertiliser Tablet

8/11/2019 Designs Act 2000


ARTICLE Flower Pot

Same Article Having Different Shape

WHAT IS A DESIGN FEATURE

SHAPES : form of the article in three dimensions

8/11/2019 Designs Act 2000


Variety of Novelty & Originality in a Design

8/11/2019 Designs Act 2000


Decorative Surface Pattern Can Add value to a Product

8/11/2019 Designs Act 2000


METHOD OF MANUFACTURE NOT PROTECTED BY DESIGN

FRUIT BASKET DESIGN

CLAIM: PATTERN OF THE BASKET CONSISTING OF THE

OSIERS BEING WORKED IN SINGLY AND ALL THE BUTTENDS BEING OUTSIDE

IMPROPER CLAIM AS PER THE REPRESENTATION-DESIGN DISALLOWED

8/11/2019 Designs Act 2000


NOT NOTICEABLE BY THE EYE GRANULAR PARTICULATESHAPE

OF SUBSTANCES EVEN IF NOVEL CANNOT BE REGISTERED

8/11/2019 Designs Act 2000


A SUGAR CUBESOF NOTICEABLE SHAPE AND CONFIGURATION

ALLOWED

8/11/2019 Designs Act 2000


8/11/2019 Designs Act 2000


REPRESENTATIONS OF DESIGN

DESIGN APPLIED TO

A STOOL

8/11/2019 Designs Act 2000


WHAT IS ORIGINALITY IN DESIGNS AND HOW

IT HELPS IN GENERATING NEW DESIGNS

SHAPE AND CONFIGURATION OFA CRICKET BAT AND A BALL IS WELL KNOWN

8/11/2019 Designs Act 2000


DESIGN WHICH IS NOT NEW AS SUCH BUTORIGINAL AND NEW IN APPLICATION

ALSO REGISTRABLE

SHAPE OF CRICKET BAT &BALL WELL KNOWN

REGISTRABLE AS ANORIGINAL DESIGN HAVINGNOVEL APPLICATION

BUT AN ERASER IN THESHAPE OF CRICKET BAT &BALL IF NOT PRIOR PUBLISHED

8/11/2019 Designs Act 2000


VARIANTS COMMONLYUSED IN TRADE NOT AREGISTRABLE DESIGN

Common practice to have or not have spikes in solesOf running shoes.

You cannot claim a new design by simply addingavailable spikes to a known shoe which did nothave spikes.

8/11/2019 Designs Act 2000


CASE STUDY: ORIGINALITY OF APPLICATION OF

DESIGN ON ARTICLE

Filed Design (Chocolate)

VS

Prior Design (Desktop electric calculator)

8/11/2019 Designs Act 2000


8/11/2019 Designs Act 2000


DESIGNER TOYSBASED ON CELEBRITIES

NOVELTY STATEMENT:

NOVELTY RESIDES IN THE SHAPE ANDCONFIGURATION APPLIED TO THE ARTICLE

TOYS.CONDITIONS FOR VALIDITY OF SUCH DESIGNS

8/11/2019 Designs Act 2000


IS IT MANDATORY TOMAKE THE ARTICLE BYINDUSTRIAL PROCESS OR

MEANS BEFORE MAKINGAN APPLICATION FORREGSITRATION OF THEDESIGN

NOT MANDATORY TOPRODUCE THE ARTICLEWITH THE DESIGNBEFORE APPLYING FORTHE REGISTRATION

8/11/2019 Designs Act 2000


YOU CAN DESIGN THE DISPLAY PANEL

OF A DIGITAL WATCH

TO ATTRACT THE CUSTOMER

AND MAKE THE PRODUCT MORE

ATTRACTIVE TO THE CUSTOMER

8/11/2019 Designs Act 2000


Allow ability Of Computer Icons AsAn Industrial Design By The UK Patent Office

New Frontiers of Industrial Design

8/11/2019 Designs Act 2000


NEED FOR MARKING OF AN ARTICLE ASA REGISTERED DESIGN

PREFERABLY MARK THEARTICLE AS:“REGD. DESIGN.

NO…………”

IF NO MARKING ON THE

ARTICLE THE REGD.PROPRIETOR WOULD NOTBE ENTITLED TO CLAIMDAMAGESFROM ANY

INFRINGER

WHEN AND HOW YOU CAN REGISTER SET OF

8/11/2019 Designs Act 2000


WHEN AND HOW YOU CAN REGISTER SET OF

ARTICLES TOGETHER

A set of cu f f l ink s and a t ie cl ip

A set of smoking accessor ies

A tea set

A coffee set

A set of table knives, forks and

spoons

A set of fu rn i ture for drawing

room A set of air condi t ioners

A set of go l f c lubs

A set of seat covers for autom obi le

8/11/2019 Designs Act 2000


8/11/2019 Designs Act 2000


HOW DESIGN LEADS TO MARKET CRAZE AND COMPETIIOFUNNY FACE BISCUIT DESIGN BY BRITTANIA INDUSTRIES

MILK BIKIS MILK CREAM OF BRITTANIAREGD. NO. 171091 OF 11-04-1996

MARKETED FIRST IN OCT.,1996

FUNNY FACE ON FRONT

8/11/2019 Designs Act 2000


8/11/2019 Designs Act 2000


FINDINGS OF THE COURT:

BROAD PATTERN OF THE TWO SOLES SIMILARBOTH HAVE SIMILAR PATTERNS IN CUTS, RIDGES,GROOVES AND LINED PATTERNS.

BROAD FEATURES OF PATTERN, CONFIGURATION &DESIGN SIMILAR

COLOUR DIFFERNCE DEFENDANTS BLACK VIS-À-VIS BROWN OF PALINTIFFS NOT OF ANYSUBSTANCE

APPARENTLY THE DESIGN APPLIED BY THE DEFENDANT IS

SIMILAR OR OBVIUOS IMITATION OF THE PLAINTIFFSDESIGN.

DEFENDANTS CANNOT BE SAID TO BE INNOCENT USER OF THEDESIGN

DUE TO SUBSTANTIAL SIMILIARITY DEFENDANTS CANOT USE THEDESIGN

8/11/2019 Designs Act 2000


8/11/2019 Designs Act 2000


YOU CAN HAVE MARKET EXCLUSIVITY

SIMILAR TO THAT OF A PATENT WITHOUT THE

NEED FOR QUALIFYING INVENTIVE STEP

BY WAY OF AN INDUSTRIAL DESIGN

APPLIED TO A PRODUCT

8/11/2019 Designs Act 2000


SHAPE AND CONFIGUARTION

OF A MOBILE PHONE BATTERY

8/11/2019 Designs Act 2000


IMPORTANT POINTS TO REMEMBER

THERE IS INTELLECTUAL EFFORT IN CREATION

OF ATTRACTIVE AND MARKET ACCEPTABLE

DESIGNS

PURCHASE OF PRODUCT IN MARKET I S INFLEUNCED

NOT ONLY BY PRATICAL UTI L I TY AND EFFCIENCY

BUT ALSO BY APPERANCE

YOU SHOULD ENSURE THAT IN TODAYS

COMPETITIVE MARKET PLACE SUCH

INTELLECTAUL EFFORT IS ENTITLED TO SOME

EXCLUSIVE PRIVI LEDGES IN FAVOUR OF THE

CREATOR /H IS ASSIGNEES

8/11/2019 Designs Act 2000


8/11/2019 Designs Act 2000


ENSURE YOU PAY RENEWAL FEES AS AND WHENDUE

IT I S A PROPERTY CAN BE SOLD,LICENSED AND

MORTGAGED.

TAKE CARE THAT YOU RIGHTLY

IDENTIF IED THE DESISN IN THE APPLICATION

DONOT DISCLOSE OR PUBLISH THE DESIGN

BEFORE YOU HAVE FILED YOUR APPLICATION FOR

REGISTRATION

CHECK THAT THE REGISTRATION COVERES

THE NOVEL AND ORIGINAL CREATION

EFFECTIVELY TO FAVOUR MAINTAINING MARKET

EXCLUSIVITY

8/11/2019 Designs Act 2000


8/11/2019 Designs Act 2000


Statistics on Design Registration

• Ahmedabad, Kolkata, Jaipur, and Mumbai.

• Small and Medium enterprise represented around85 per cent of the sample respondents. Number ofrespondents that had applied for Designregistration was higher in leather shoes (47percent) compared to jewellery (32 per cent).

• Almost all the applications were made to Indianoffice in spite of majority of the respondents hadoperations in other countries.

8/11/2019 Designs Act 2000


8/11/2019 Designs Act 2000


Overlap between Design Act 2000

and Copy Right Act 1957• This overlap has been carefully evaded in both

Paris and Berne convention which identified that

designs are subject matter for copyright as well as

industrial production

• Indian law has tried to resolve this by the

provision of Section 15(2), Copyright Act of 1957

which deals with the rights to which a holder of anoriginal artistic work is entitled

8/11/2019 Designs Act 2000


Overlap between Design Act 2000

and Copy Right Act 1957• In Microfibers Inc . Vs Girdhar& Co.

&Anr, the Delhi High Court has clarified

the interplay between the Designs Act, 2000• and the Copyright Act, 1957 in the light of

section 2(d) which excludes artistic works

under the Copyright Act from the definitionof design.

8/11/2019 Designs Act 2000


8/11/2019 Designs Act 2000


Nature of protection of designs under the

Copyright Act vis-à-vis the Designs Ac

• Requires originality andnovelty

• Duration of protection is10 plus and can be

extended further by 5 year• Only confined to the

product that it is registeredupon

• The criterion for protection is originality,which is easier to fulfil

compared to novelty• The duration of protectionis much longer (60 years +)

• Not product specific

8/11/2019 Designs Act 2000


Industrial design mark

• n sectors like jewellery, often producers are scared

of advertising their products with innovative and

attractive new designs as that might lead to

imitation of their designs.

• If producers are able to advertise their products

that the designs concerned are registered and any

imitations of the designs may attract legal actions,then the chances of such imitation can be reduced

8/11/2019 Designs Act 2000


Industrial design mark

• This might be facilitated by introducing ID

Mark in line with Trade Mark or Copyright.

• Producers can use such Mark in theiradvertisement which will also raise

awareness on the issue.

8/11/2019 Designs Act 2000


8/11/2019 Designs Act 2000


Raising awareness and capacity-

building• Most importantly there is lack of awareness about

industrial designs

• The percentage is expected to be much lower foroverall MSME sector.

• The primary reason for this is the complete lack

of awareness with respect to potential benefits

arising for innovation in designs for industrialuses. Similar picture is true for officials at the

patent office

8/11/2019 Designs Act 2000


Before Parting…..

• It is imperative to raise awareness and build

capacity at the level of policy-making,

implementation institutions, legal fraternity,• professional institutes, and industrial

organizations.

8/11/2019 Designs Act 2000


designs act 2000

Documents