Designs are for goods and articles that appeal to the eye of an individual or to his esthetic. Functional features are not protected under the Law of Designs. For it to qualify for design protection, it must relate to the shape and appearance of the goods or articles and it must be applied by a… Read more »
Section 2 (a) makes it clear that only an article of manufacture and any substance which is artificial or partly artificial and partly natural and includes any part of an article capable of being made and sold separately.
Yes, only if the part of an article is such that it is capable of being made and sold separately
Designs and patent are statutory rights and the statute prescribes registration as condition precedent for protection. Trade Mark and copyrights where originally common law rights and it is possible to have an unregistered copyright or an unregistered trade mark.
Unlike the Law of Trade Marks that specifically permits multi class registration, Designs Law discourages Multi Class Application. Section 5 (3) provides that a Design may be registered in not more than one class. However we are of the opinion that this is only directory and not mandatory as the Section uses the word… Read more »
No. It is not possible to have concurrent registration of both Design and Copyright to cover the shape and appearance of the goods. Normally, an Applicant would be tempted to protect the shape and appearance of the goods by declaring the goods either as an artistic work or a sculpture because of the easier method… Read more »
Prior to the enactment of Trademarks Act, 1999, the Law did not permit even non-functional shape of a good under the trade marks law. Now it is possible to obtain trade mark registration for goods that have a special shape which does not have any bearing on the functionality. The Trademarks Act does not insists… Read more »
The Registration of following design is prohibited under law:a. A design which is not novel or original;b. The design which is anticipated by prior publication or prior public use;c. A design which is not significantly distinguishable from known designs or combination of known designs;d. Comprises scandalous or obscene matter.
The definition of design under the Indian Act includes designs with respect to lines or colours, the same being applied to an article whether in a two-dimensional or three-dimensional form.
(i) A statement to the effect as to what part of the Design has been claimed for protection, such as ornamentation, shape, composition of lines and colour, etc.(ii) A statement as to the claim of novelty.(iii) A statement as to the claim of priority
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