Design of an article is not registrable in India, if it
is not new or original
has been disclosed to the public any where in India or in any
other country by publication in tangible form or by use in any
other way prior to the filing date or priority date of the
is not significantly distinguishable from known designs or
combination of known designs;
comprises or contains scandalous or obscene matter.
Registration of a design can be cancelled on any of the above
grounds, in addition to the above-mentioned grounds:-
the design has been previously registered in India
it has been published in India or in any other country prior to
the date of registration.
Under the new designs law, the remedy is available against
piracy of a registered design under section 22(2) (a) of the Design
Act. In a suit for infringement of a registered design, the
abovementioned grounds can also be pleaded as a defence. Besides
Injunction, monetary compensation is recoverable by the proprietor
of the design either as contract debt (speedier remedy) or by suit
for recovery of damages subject to applicable statutory cap as
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guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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