Bharat Glass Tube Ltd. v. Gopal Glass Works Ltd.
(2008) 10 SCC 657 · Supreme Court of India
Novelty of a design is judged against prior publication worldwide; the registered proprietor must prove the design is new or original.
Unit IV · Intellectual Property Law
Designs Act, 2000
Study aid only. Confirm statute numbers with the current bare Act and the official OU LL.B. (3-YDC) 2024–25 syllabus PDF.
Statute sections
| Act / instrument | Section | Name |
|---|---|---|
| Designs Act, 2000 | 2(d) | Design |
| Designs Act, 2000 | 4 | Prohibition of registration of certain designs |
| Designs Act, 2000 | 5 | Application for registration |
| Designs Act, 2000 | 22 | Piracy of registered design |
Landmark cases
Microfibres Inc. v. Girdhar & Co.
2006 (32) PTC 157 (Del) · Delhi High Court
Once a design is registered, overlapping copyright in the same artistic work as applied industrially is curtailed by section 15(2) of the Copyright Act.
Crocs Inc. v. Bata India Ltd.
2019 SCC OnLine Del 6978 · Delhi High Court
A design lacking originality or already in the public domain cannot found an infringement claim against rival footwear.
Previous-year questions
Mapped 6 / 10 / 15-mark questions on this topic. Frequency is how many papers repeat the question.
- 6 Industrial Designs. · 1×
- 10 'A', a home decor company, obtains registration for a geometric pattern used on lampshades. 'B' starts selling lampshades with a nearly identical pattern, arguing that such patterns are common in the market. Decide whether 'B' is liable for design infringement under the Designs Act, 2000. · 1×
- 10 A claims a design right on plastic water bottles. Is he permitted under the Indian Designs Act? · 1×
- 15 Define an Industrial Design. Explain different rights vested in the holders of designs. · 1×
- 15 Explain the salient features of the Designs Act, 2000. · 1×