Overview and Long Note on The Design Act, 2000
By Ashish Panday
In India first legislation on Design was enacted by the British Government, The Designs Act 1911. In meanwhile India had made tremendous progress in the field of science and technology, and need enacted new Design legislation to full-full the need of these development. The Design Bill, 1999 came, with provision of International IRP laws. Presently, design laws are maintained by the Design Act, 2000.
The term ‘Design’ under Design Act is defined as :
“Features of shape, any configuration, pattern, ornament or composition of lines or colours which is applied to Two dimensional or three dimensional or in both the forms using any process including manual, chemical or mechanical, separate or combined which in the finished article appeal to or judged solely by the eye.”
Case Law on Design
1. Dabur India LTD. V. Amit Jain, 2009(39) PTC(Del) (DB)
This was a case of Dabur Amal Hair Oil Marked in plastic bottle shaped with a semicircles shoulder with curvaceus back and front panel tapering into each other. Plaintiff alleged that the respondent used similar bottles and Caps.
Held: Interim Injunction granted
2. Bharat Glass Tube Limited v. Gopal Glass Works Ltd. AIR 2008 SC 2520
3. Ampro Food Products v. Ashoka Biscuits Works, AIR 1973 A.P 17 (1972) APLJ
The Count issued temporary injunction restraining the respondent from using the appellants registered design and from selling biscuits bearing that design.
4. Hindustan Lever Ltd., Bombay v. Nirma Pvt. Ltd., Ahmedabad , AIR 1992 Bom 195
The Court held that the lebel put on a carton to be used as a container for goods can’t be regards as design within the meaning of section 2(5) of the Design Act, 1911.
5. Texal Metals & Plastics Pvt. Ltd. V. Anil K. Bhasin, 2001 PTC 146(Del)
6. National Trading Company v .Monika Chawla, AIR 1994 Del 309
Also Read: THEORIES OF DIVORCE UNDER HINDU LAW
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