Home       Top Rated       Submit Article     Advanced Search     FAQ       Contact Us       Lawyers in India       Law Forum     RSS Feeds     

Register your Copyright Online

We offer copyright registration right from your desktop click here for details.

Latest Articles | Articles 2014 | Articles 2013 | Articles 2012 | Articles 2011 | Articles 2010 | Articles 2009 | Articles 2008 | Articles 2007 | Articles 2006 | Articles 2000-05

Search On:Laws in IndiaLawyers Search

Mutual Consent Divorce in Delhi
We provide fast, cost effective and Hassle free solution.
Contact us at Ph no: 9650499965 (Divorce Law Firm Delhi)
File Caveat in Supreme Court
Contact Ph no: +9650499965

Main Categories
 Accident Law
 Animal Laws
 Aviation Law
 Bangladesh Law
 Banking and Finance laws
 Case Laws
 Civil Laws
 Company Law
 Constitutional Law
 Consumer laws
 Contracts laws
 Criminal law
 Drug laws
 Dubai laws
 Educational laws
 Employment / Labour laws
 Environmental Law
 family law
 Gay laws and Third Gender
 Human Rights laws
 Immigration laws
 Insurance / Accident Claim
 Intellectual Property
 International Law
 Juvenile Laws
 Law - lawyers & legal Profession
 Legal Aid and Lok Adalat
 Legal outsourcing
 Media laws
 Medico legal
 Real estate laws
 Right To Information
 Tax Laws
 Torts Law
 Woman Issues
 Workplace Equality & Non-Discrimination
 Yet Another Category

More Options
 Most read articles
 Most rated articles

Subscribe now and receive free articles and updates instantly.


Published : March 28, 2017 | Author : Pranjalina
Category : Intellectual Property | Total Views : 1145 | Rating :



Novelty under the Designs Act,2000

Those who wish to purchase an article for use are often influenced in their choice not only by practical utility and efficiency but also by its appearance.Some look for artistic merit. Some are attracted by a design which is strange or bizarre. Many simply choose the article which catches their eye. Whatever the reason may be, one article with a particular design may sell better than one without it. It would, therefore be profitable to use a design which will attract customers.

The law protecting designs was governed by the Designs Act 1911 which had now been replaced by the Designs Act 2000 which has been brought into force with effect from 11th May 2001.

Copyright under the Designs Act and Copyright Act

The rights conferred by registration of a design is called ‘copyright’. Copyright in an industrial design or product design is governed by the Designs Act 2000.If a design is registered under this act it is not eligible for protection under copyright Act even though it may be original artistic work.

Definition of design- sections 2(d) and 4 of the Designs Act 2000

“Design” means only the features of shape configuration, pattern, ornament or composition of lines or colours applied to any article whether in two dimensional or in three dimensional or in both forms by any industrial process or means whether manual, mechanical or chemical separate or combined 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. A design in order to be registrable must be new or original not previously published in India or anywhere in the world. A design may be incorporated in the article itself as in the case of a shape or configuration which is three dimensional in nature or it may be represented two dimensionally on a piece of paper in such a way that the article to which it is applied could be visualized

An industrial design is different from a trademark. If after the expiry of the monopoly period, the design is not used by other traders it might in course of time become distinctive of the goods of the original proprietor and acquire significance as a trademark.

Design must be applied to articles

A design is something which is applied to an article and is not the article itself.A piece of paper on which a pattern is drawn cannot be a subject matter for registration of design.But a piece of paper on which is drawn a three dimensional object with the pattern shown on it may be registered as a design because here the design is a representation of the article,on which the pattern is applied.Similarly if the drawing is that of an article like a bottle,vase,chair,table,a motor body it would be registrable as a design if it is novel.An article to which the design is to be applied must be something which is to be delivered to the purchaser as a finished article.Thus in general buildings and structures like a petrol filling station cannot be considered ad article within the definition of design.But portable structures which are sold as finished articles may be subject matter for registration of design.

Novelty and Originality

A design in order to be registrable must be both new and original not previously published in India or elsewhere.Natural objects applied as designs may be novel or original.For example the representation of a tree or a building on a spoon may be considered new or original.Here the novelty consists in the application of a drawing or design taken from a material source to an article.The words new or original involve the idea of novelty either in the pattern,shape,or ornament itself or in the way in which an old pattern shape or ornament is to be applied to some special subject matter.A paper weight in the shape of an animal may be new and original.In order to be registerable the design should be substantially different from the pre-existing designs applied to the class of article.What amounts to a substantial difference must depend on the particular facts of each case.”Original” means originating from the author of the design,section 2(g).

The novelty or Originality of a particular part of the article may be sufficient to impart the character of novelty and originality to the whole.A combination of known designs may be considered novel if the appearance of the combination as a whole is new.A combination of two or more old features may be registrable if the combination is not obvious bit is new and original.

Colour may form an element in a design,but colour or colouring as such dies not constitute design,unless the change of colour creates a new pattern or ornament.Composition of lines or colours can constitute or design under the new definition.

In deciding the question of novelty or originality evidence of experts in the trade is admissible.The introduction of ordinary trade variants into an old design cannot make it new or original.

Case law:

Reckitt Benkiser India Ltd v. Wyeth Ltd

A registered design can be cancelled under Section 19 of the Act if such registered design had been published in India or in any other country prior to its date of registration.The legal interpretation as to what amounts to prior publication under the act was interpreted in the judgment recently delivered by the Delhi High Court in the above case.

1 2 3 4 5
Rate this article!     Poor

Most viewed articles in Intellectual Property category
Bajaj Auto Limited
Trademark Infringement and Remedies
Copyright Societies
Passing off under trademark
Infringement of trademark and what constitutes honest practice in relation to trade and bussiness
Trade Mark Law in India & Its Violation
Originality Under Copyright Law-Is There Any Definite Standard?
Patenting of Micro-Organisms in India: An Overview
Competition Law and Intellectual Property Rights: Confronting Paradigms
Section 25 of The Trade Marks Act, 1999
Product Patent & Exclusive Marketing Rights
Indian Copyright Software
Competition Law vis-a-vis IPR rights
Author's moral Right
Most recent articles in Intellectual Property category
Novelty under the Designs Act,2000
Major changes brought about by the Trademark Rules,2017
Semiconductor Integrated Circuit-Prevent Chip Pirates
Semi conductor integrated circuit lay out design protection
Patent for technological companies
International Commercial Arbitration
Trademark infringement and passing off Indian pharmaceutical industry
Protecting Tradition And Culture In India Development of A Sui Generis System
De Jure Mobile Applications under the IP Law
Sports and IPR
Protecting Tradition and Culture in India: Development of A Sui Generis System
The Effectiveness of the Remedies for Copyright Infringement
National IPR Policy 2016
Trademark Law in Music and Film Industry
Trademark Infringement and Passing off in the Indian Pharmaceutical Industry
Design Your Sound Make Your Sound A Mark

Article Comments

there are no comments...

Please login or register a new free account.

Random Pick
Once honoured as the best chartered accountant in the Memon community, Yaqub Abdul Razzak Memon, was perhaps the most high-profile convict in the March 1993 Mumbai serial blasts case.

» Total Articles
» Total Authors
» Total Views
» Total categories

Law Forum

Legal Articles

Lawyers in India- Click on a link below for legal Services

lawyers in Chennai
lawyers in Bangalore
lawyers in Hyderabad
lawyers in Cochin
lawyers in Pondicherry
lawyers in Guwahati
lawyers in Nashik

lawyers in Jaipur
lawyers in New Delhi
lawyers in Dimapur
lawyers in Agra
Noida lawyers
lawyers in Siliguri

For Mutual consent Divorce in Delhi

Ph no: 9650499965
For online Copyright Registration

Ph no: 9891244487
Law Articles

lawyers in Delhi
lawyers in Chandigarh
lawyers in Allahabad
lawyers in Lucknow
lawyers in Jodhpur
Faridabad lawyers

lawyers in Mumbai
lawyers in Pune
lawyers in Nagpur
lawyers in Ahmedabad
lawyers in Surat
Ghaziabad lawyers

lawyers in Kolkata
lawyers in Janjgir
lawyers in Rajkot
lawyers in Indore
lawyers in Ludhiana
Gurgaon lawyers


India's Most Trusted Online law library
Legal Services India is Copyrighted under the Registrar of Copyright Act ( Govt of India) 2000-2017
 ISBN No: 978-81-928510-1-3