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Infringement of Industrial Design IPR - GD

The document discusses industrial design infringement in India, defining industrial design and outlining relevant laws and cases. It notes that unauthorized use of a registered design amounts to infringement, and landmark cases have emphasized proving substantial similarity between designs and recognizing industrial designs as intellectual property.

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Priyanka SHELKE
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115 views2 pages

Infringement of Industrial Design IPR - GD

The document discusses industrial design infringement in India, defining industrial design and outlining relevant laws and cases. It notes that unauthorized use of a registered design amounts to infringement, and landmark cases have emphasized proving substantial similarity between designs and recognizing industrial designs as intellectual property.

Uploaded by

Priyanka SHELKE
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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• Good Evening !

I am Priyanka Shelke PRN: 22010126271


• Today, we are discussing Infringement of Industrial Design
• WIPO defines Industrial Design as:
• In a legal sense, an industrial design constitutes the ornamental aspect of an article. An
industrial design may consist of three dimensional features, such as the shape of an
article, or two dimensional features, such as patterns, lines or colour.
• Designs Act, 2000 acts as the backbone of industrial design protection in India. Under
these laws, a design that is original and significantly distinguishable from prior designs
can be registered.
• Industrial designs are applied to a wide variety of products of industry and handicraft
items: from packages and containers to furnishing and household goods, from lighting
equipment to jewellery, and from electronic devices to textiles. Industrial designs may
also be relevant to graphic symbols, graphical user interfaces (GUI), and logos.
• Let’s assume that you are a designer. Imagine investing significant time and resources
into creating a unique design for your product. Now imagine someone copying that
design and benefiting from your creativity. This is what industrial design infringement
is.
• Thus, any unauthorized application of the registered design amounts to infringement,
as stipulated in Section 22 of the Designs Act.
• Let us look at some important cases that have shaped opinions on industrial design
infringement in India. In the case of Micolube India Ltd. v. Rakesh Kumar (2001),
the courts emphasized the importance of proving substantial similarity between the
registered design and the alleged infringing design. The court stated that mere
resemblance is insufficient to establish infringement; there must be a substantial
identity between the two designs.
• Similarly, in the case of Amar Nath Sehgal v. Union of India (2005), the court
discussed the significance of artistic expression in industrial designs. The judgment
underscored that industrial designs, like any form of art, deserve protection and
recognition.
• Section 55 of the Indian Copyright Act of 1957 enables the claimant to seek remedies,
claim damages, or file a suit for injunction against anyone who infringes the registered
article under the Act. The claimant is also entitled to the profits made by the infringing
party from the infringed design.
• In conclusion, the infringement of industrial design in India is a complex issue. Through
the provisions laid out in the Designs Act, 2000, and relevant case law, we recognize
the exclusive rights granted to registered design proprietors and the remedies available
in cases of infringement.
• Landmark cases such as Micolube India Ltd. v. Rakesh Kumar (2001) and Amar
Nath Sehgal v. Union of India (2005) have shaped the discourse on industrial design
protection, emphasizing the importance of proving substantial similarity and
recognizing industrial designs as valuable intellectual property.
• However, amidst the evolving landscape of the digital era, globalization, and parallel
imports, challenges arise in monitoring and enforcing design rights. Digital tools and
3D printing facilitate rapid duplication of designs. These challenges necessitate
uniformity of design laws, international cooperation, and clarifications on issues such
as parallel imports.
• In navigating these complexities, we draw upon the insights of notable authors and legal
authorities such as Brian W Gray, Rita Gao and R. Radhakrishnan whose works
provide invaluable guidance on industrial design protection.
• Thus, the protection of industrial design in India is essential for fostering innovation,
creativity, and economic growth.

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