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 application;
- 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 prescribed.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
