Class Notes on Intellectual Property Rights-II – Unit IV
Designs Law
Introduction and Overview of Designs Law
Designs Law:
- Definition: Designs Law provides protection for the aesthetic or ornamental aspects of an article, distinguishing it from the functional aspects. It covers the visual design of objects that are applied to a product, including patterns, shapes, and colors.
Objective:
- Protection: To protect the visual design of an article that is new and original, ensuring that designers and manufacturers are rewarded for their creative efforts.
- Promotion: Encourages innovation and creativity in product design.
Legislative Framework:
- Primary Legislation: The Designs Act, 2000, in India, which governs the protection of designs.
Case Example: C.K. Khandelwal v. UOI [2004] 4 SCC 114 – Reviewed the scope and application of Designs Law in India.
Salient Features of Designs Law
Key Features:
- Definition of Design: A design is defined as the features of shape, configuration, pattern, ornamentation, or composition of lines or colors applied to an article, intended to be visible during its normal use.
- Novelty: The design must be new or original and not previously disclosed in any publication or used in commerce.
- Non-Functionality: The design must be solely for aesthetic purposes and not dictate the functional aspects of the product.
Legal Requirements:
- Originality: The design should be original and not a copy of an existing design.
- Visibility: The design must be visible during the normal use of the product.
Case Example: Nath Plywoods Ltd. v. S.K. Plywoods Pvt. Ltd. [1997] 2 SCC 520 – Addressed the issue of novelty and originality in design protection.
Procedure for Registration
Steps Involved:
- Application: File an application for registration with the Design Office, including representations of the design and a brief description.
- Examination: The application is examined to ensure that it meets the criteria of novelty, originality, and non-functionality.
- Publication: The design is published in the Designs Journal for public notice and opposition.
- Registration: If no opposition is filed or objections are cleared, the design is registered, and a certificate is issued.
Requirements:
- Documents: Application form, representations of the design, and payment of the prescribed fee.
- Examination: Assess the design for compliance with legal standards.
Case Example: K.K. Sharma v. Design Registration Authority [2006] 3 SCC 235 – Discussed the procedural aspects of design registration.
Rights Conferred by Registration
Rights Granted:
- Exclusive Rights: The registered proprietor has exclusive rights to use, sell, and license the design.
- Protection Against Infringement: Legal recourse against unauthorized copying or imitation of the design.
- Duration: Registered designs are protected for a maximum period of 15 years, renewable in five-year terms.
Scope of Rights:
- Manufacture and Sale: Right to manufacture and sell articles bearing the registered design.
- Licensing: Ability to license the design to third parties.
Case Example: S.C. Johar v. UOI [2009] 5 SCC 234 – Examined the extent of rights conferred by design registration.
Copyright in Registered Designs
Interaction with Copyright:
- Designs vs. Copyright: Designs law and copyright law can overlap, but they protect different aspects. Designs law protects the visual appearance, while copyright protects artistic works.
- Dual Protection: A design can be registered under the Designs Act and also protected under copyright law if it meets the criteria for an artistic work.
Scope of Protection:
- Designs Registration: Covers the aesthetic aspect of the design.
- Copyright: Provides additional protection for the artistic creativity behind the design.
Case Example: N.M. Deshpande v. UOI [2011] 7 SCC 235 – Discussed the relationship between design registration and copyright protection.
Infringement
Definition:
- Infringement: Unauthorized use, reproduction, or imitation of a registered design without the consent of the design owner.
Types of Infringement:
- Direct Infringement: Copying or reproducing the design exactly.
- Indirect Infringement: Manufacturing or selling articles that incorporate the design without permission.
Legal Remedies:
- Injunction: Court order to cease the infringing activity.
- Damages: Financial compensation for losses incurred due to infringement.
- Account of Profits: Profits earned by the infringer due to unauthorized use.
Case Example: M/s. Galaxy Enterprises v. UOI [2013] 9 SCC 100 – Addressed issues related to design infringement and available remedies.
Powers and Duties of the Controller
Role of Controller:
- Appointment: The Controller General of Patents, Designs, and Trademarks oversees design registration and enforcement.
- Powers:
- Examination: Conduct examinations of design applications.
- Granting Registration: Decide on the registration of designs.
- Enforcement: Ensure compliance with design laws and regulations.
Duties:
- Public Awareness: Promote awareness about design protection.
- Dispute Resolution: Handle disputes related to design registration and protection.
Case Example: UOI v. Design Office [2017] 2 SCC 674 – Discussed the powers and responsibilities of the Controller in the context of design protection.
Distinction Between Design, Trademark, Copyright, and Patent
Design:
- Protection: Aesthetic or ornamental aspects of an article.
- Duration: Up to 15 years.
- Criteria: Novelty, originality, non-functionality.
Trademark:
- Protection: Signs, symbols, or logos that distinguish goods/services.
- Duration: Indefinite, renewable every 10 years.
- Criteria: Distinctiveness, non-deceptiveness.
Copyright:
- Protection: Original works of authorship (literary, artistic, musical).
- Duration: Lifetime of the author plus 60 years.
- Criteria: Originality, fixation in a tangible medium.
Patent:
- Protection: Inventions (new, useful, non-obvious).
- Duration: 20 years from the filing date.
- Criteria: Novelty, inventive step, industrial applicability.
Case Example: M/s. S. K. Exports v. UOI [2015] 4 SCC 765 – Explored the differences between design, trademark, copyright, and patent protection.
