Introduction and Scope

The Designs Act is specifically designed to safeguard and protect designs that are original and novel in nature. These original designs, later produced for various purposes, provide a particular product with a distinct look that acts as a tactic of attraction and business strategy. Once a particular design is registered under the law, it is protected by copyright, preventing others from copying it.

Originality Under the Designs Act, 2000

Under Section 2(g) of the Designs Act, 2000, the originality of a design refers to the unique work of the author. The Act outlines the examination and comparison processes to determine the original author, involving examiners, controllers, and publications. The Designs Act, 2000 governs issues related to design registration and piracy of registered designs in India. Design registrations are crucial because they protect the unique aesthetic aspects of products that often influence customers’ purchasing decisions.

Historical Context of Design Laws in India

India is one of the few countries to adopt the concept of design rights, marking a significant development in the field of intellectual property rights. The Designs Act differs from the Copyright Act as it specifically protects registered designs, not artistic works. The Hague Convention provides for the international registration of designs, ensuring protection across multiple countries.

Originality and Judicial Interpretations in India

The Designs Act, 2000, defines a design as any shape, configuration, pattern, or composition of lines or colors in an article in any dimensional form that appeals to and is judged solely by the eye. The Act was amended from the earlier Designs Act, 1911, to accommodate technological advancements and align with international standards.

Case Studies on Design Originality

1. Bharat Glass Tube Ltd. v. Gopal Glass Works Ltd.

• The Supreme Court ruled that any design invented by the original author, which has not been copied or registered in India, can still be considered original.

1. M/s Brighto Auto Industries Vs Shri Raj Chawla

• The Bombay High Court held that the originality of a design under Section 2(g) means the original creation of the author. Even if the primary parts are novel, it can still be considered an original design.

Piracy Issues of a Registered Design

Infringement of a design copyright is termed “Piracy of a Registered Design.” It is unlawful for any person to apply or imitate a registered design without the consent of the registered proprietor. Punishments for piracy include compensation and injunctions against the infringing party.

Case Studies on Design Piracy

1. Veeplast Houseware Pvt Ltd v. Bonjour

• The court held that a customer’s viewpoint is crucial in determining if a design is imitated, which would be considered infringement.

2. Ttk Prestige Ltd vs Kcm Appliances Private Limited

• The Delhi High Court issued an ex parte order in favor of Prestige, protecting their registered design against KCM’s allegedly infringing product.

Judicial Remedies for Design Infringement

The judicial remedy for design infringement includes damages and injunctions. Any person infringing a registered design is liable to pay damages to the registered proprietor and may be restrained by an injunction.

Conclusion and Suggestions

Design registration offers a competitive edge by preventing others from using the same design and avoiding legal disputes. The primary goal of design law is to protect the design aspect of industrial production and encourage innovation. Streamlined registration processes and improved infringement tests will support designers in securing and utilizing registered designs in India.

Suggestions for Improvement

1. Increased Judicial Trends

• More judicial decisions under the Designs Act would help establish the law more firmly in India, aligning it with international standards.

2. Recognition of Design Value

• Design as an intellectual property right holds significant value in the commercial market. Recognizing and protecting designs under the law will encourage businesses to innovate and maintain their competitive edge.

3. Active Steps by Businesses

• Companies should take active steps to protect the aesthetic value of their products under the Designs Act, 2000. This protection differentiates their products from competitors, enhancing their brand value.

By addressing these aspects, the Designs Act can effectively support and protect the unique creations of designers and businesses in India.