Category Archives: Designs

Designs

In a Welcome Development, Delhi High Court Refuses to Compel Intermediaries to Screen Content Violative of Intellectual Property Laws on an Ex-ante Basis


One issue that has received sustained attention on this Blog has been the determination of the width and amplitude of the responsibility of intermediaries for the removal of content that is violative of intellectual property laws. In this respect, we have covered such diverse issues as the implications of the Viacom versus YouTube decision on intermediary liability see [here and here]; the implications of the Shreya Singal judgment [see here]; the need for the extant legal framework to be overhauled…


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Copyright Designs

Dart Industries Inc. & Ors. v Techno Plast & Ors: Resolving the Copyright-Design Conundrum


The apparent conflict between the Copyright Act and Designs Act has led to much litigation in recent times which we have covered extensively on the blog here, here, here and here. This conflict arises due to the overlaps in both these IP regimes which provide for different terms of protection even though they protect substantially similar works. Very recently, this conundrum has been discussed by Balu here. In this post, we discuss the case of Dart Industries Inc. v Technoplast…


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Copyright Designs

The Narrow Gets Narrower: The Tale of Artistic Works and Exceptions


The conundrum posed by the varying protection accorded by the Designs Act, 2000 and Copyright Act, 1957 for artistic expressions, especially industrial machinery, and the attempts by litigants to strategically make use of this confusing relationship have been well documented on this blog (see for instance, here and here). A recent order passed by the Calcutta High Court brings into limelight yet another relevant player in this plot- S.52 (w) of the Copyright Act. It provides for a fair use…


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Designs Trademark

Its all about the shape – design infringement and passing off


Just like other aspects of civilisation and life, shapes too had humble beginnings. The clean and simple – circles, squares and triangles, the most basic shapes of our planet, laid the foundation for today’s complicated designs and patterns. Also, as we have heard, shapes were used to communicate and as part of a language in early civilisation. While shapes today have evolved and become more numerous and complicated, they are still a language in themselves and are certainly still a…


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Copyright Designs

Ritu Kumar v. Biba : Designs free at 50?


Ambiguity surrounding the “design” and “artistic works” relationship continues to plague the industry, especially the fashion industry. The fashion industry has long been touted as one of the most ‘creative’ industries. One of the reasons for innovation and creativity in this industry is the market itself. This paper title “piracy paradox” and Shamnad’s blog here, reveal that in practise this industry suffers/benefits from the “piracy paradox” i.e. “Copying enables designs and styles to move quickly from early adopters to the…


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Designs Patent Trademark

Spicy Tidbits: Novelty with respect to the administration of IPRs: New Draft Patent Rules and a New Controller General of Patents, Designs and Trademarks


We bring to you two new tidbits about the IPR scene in India. A new set of draft rules amending the Patent Rules, 2003 have been released by the DIPP. The new draft rules are available here. It is interesting to note that there are changes in the patent working rules. Readers may remember the PIL filed on this very same issue by Prof. Basheer (see here). Mathews will bring out a detailed post on this issue. Additionally, the new…


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Copyright Designs Geographical Indication Innovation Others Patent

Final IP Policy draft leaked!


[15/10/2015 Update: As reported by LiveMint — DIPP Secretary Amitabh Kant clarifies that this is not the final policy, only the final draft as submitted by the IP Think Tank. He says that the Government will make the final policy and it’ll be announced in 30-45 days. Presumably this means that internally comments are being made on the final think tank draft. It’ll be interesting to see what changes are made by the Government on this final draft by the…


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Designs

Crayon Wars!


Justice Patel has for long, been known for his delightful and insightful judgments. Earlier this month, he delivered another gem in a dispute surrounding crayons between Faber-Castell (hereinafter ‘FC’) and Cello. FC contended that Cello had infringed on its design and copyright and was attempting to pass off its crayons as FC’s. FC argued that its crayons were distinctive in 2 main ways, First, FC’s crayons have a novel and unique shape. This includes the triangular shape of the 24…


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Designs Patent

Spicyip Tidbit: IP Office provides (much needed) clarification in Designs Act


Till recently, the provisions of the Design Act were being interpreted by the IPO as being applicable and giving protection only to the object applied for in the application, i.e. the registration was limited to only the model depicted in the application, or a limited application.   Let me illustrate by an example, if a particular class and sub-class example were used for a product, then the registration was limited to only the class and sub-class.  This was a very…


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Designs Patent

Recruitment of examiners of patents and designs – IPO


Some of our readers would be glad to note that our patent office is conducting a recruitment drive for examiners of patents and designs at our patents offices.   This is certainly music to the ears of not just the inventors, but also to industry and the patent office, as well as patent practitioners!  This will go a long way in reducing the backlog of pending applications. More details can be seen at: http://recruitmentnpc.in The process of application is entirely online…


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