Design Act Final Ppt

8/8/2019 Design Act Final Ppt

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DESIGN ACT


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y Liberalization has brought with it unlimited options for

the Indian consumer who now has numerous alternatives

for any single product.

y No longer do the sellers have to establish only their reliability and integrity in the market, but they have to also

appease the aesthetic senses of the consumer.


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y Considering the huge amount of capital and effort

expended by manufacturers and marketers in establishing

the recognition of consumers it is essential that the law

protect the designs and efforts of the manufacturers ofgoods.

y The object of the Designs Act is to protect the aesthetic

appearance of an article.


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y The Designs Act, 2000 is a consolidating and amending

Act relating to the protection of design.

y one of the objects of the new Act was to ensure effective

protection to registered designs and to remove impedimentto the free use of available design.


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International classification based upon Locarno classificationhas been adopted wherein the classification is based on articles,the subject matter of design. Under the previous law a Designwas classified on the basis of the material of which the article

was made. The definition of Design under the new Act has been widened.

Under the previous law, the Design registration was grantedonly for the visual appearance of an article which includedshape, configuration pattern, and ornamentation whether in 2 or

3 dimensions. Under new law, a Design registration can now beobtained for new or original features of shape, configuration

pattern, ornamentation or composition of lines or colours asapplied to an article, whether in 2 or 3 dimensions or both.


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A Design registration has been brought within the domain ofthe public records right from the date it is physically placed onthe register. In the previous Act, there was a 2-year confidential

period post registration, which prohibited taking

inspection/certified copy of any entry in the records.

A Design registration would be valid for 10 years (from thedate of registration which is also the date of application)renewable for a further period of 5 years. Under the previous

law the validation period was 5 years which was extendable for2 terms of 5 years each.


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INFLUENCE

PHYSICAL APPERANCE

DECIDING FACTOR

ORNAMENTING


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UNDER SECTION 2(d) OF DESIGN ACT 2000


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PURCHASING POWER

OUTLOOK

VISUAL

ORIGINALITY


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PRIOR DOCUMENT

PRIOR USER


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y The procedure for registration of a design is comparatively

simple when compared to procedure for registration of a patent

or a trademark. Briefly, the procedure consists of the following

steps:

y Submission of application

y Acceptance / objections / refusal

y

Removal of objections/appeal toC

entral Governmenty Decision ofCentral Government

y Registration of the design


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y Infringement of a copyright in design is termed as "Piracy of a

registered Design". It is not lawful for any person during the

existence of copyright to do the following acts without the

consent or license of the registered proprietor of the design.

Section 22 of the Designs Act, 2000, lays down that the

following acts amount to piracy: -

y (1) To publish or to have it published or expose for sale any

article of the class in question on which either the design or any

fraudulent or obvious imitation has been applied.

y (2) To either apply or cause to apply the design that is

registered to any class of goods covered by the registration, the

design or any imitation of it.


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y 3) To import for the purpose of sale any article belonging to the

class in which the design has been registered and to which the

design or a fraudulent or obvious imitation thereof has been

applied

y In fact any unauthorized application of the registered design or

a fraudulent or obvious imitation thereof to any article covered

by the registration for trade purpose or the import of such

articles for sale is a piracy or infringement of the copyright in

the design.


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y A distinction is made between fraudulent and obvious imitation. Theonly common factor between the two is that both should beimitations.

y In the case of fraudulent imitation the design applied must be an

imitation of the registered design.y In a fraud the imitation has been made with the intention to deceive

another person with the knowledge that what is being done is aviolation of the other persons right.

y Fraudulent imitation must mean If a man knowing that the pattern is

a registered design, goes and imitates it, and does that withoutsufficient invention on his own part, that would be fraudulentimitation, if in fact it is an imitation (an exact copy of the registereddesign).


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y The judicial remedy for infringement of a registered design

recommended in the Act is damages along with an injunction.

y Section 22(2) stipulates remedy in the form of payment of a

certain sum of money by the person who pirates a registered

design.

y A suit in the appropriate manner for seeking the relief in the

form of an injunction is also recommended.


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y A design can be registerable only when it is new or original and

not previously published in India.

y

The word publication has not been defined by the Designs Act,2000

y Publication can occur in two types-:

(i) Publication in prior document.(ii) Publication by prior user.


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A) Ampro food products v. Ashok Biscuit Works

B) B.K. Plastic Industries v. Jayantilal Kalidas Sayani

C) Glaxo Smithkline Consumer Healthcare Gmbh and Co. Kg v.

Amigo Brushes Private Limited and Anr.

Design Act Final Ppt

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