A) Procedure for Obtaining Design ProtectionB) Revocation, Infringement, and Remedie

A) Procedure for Obtaining Design Protection
B) Revocation, Infringement, and Remedie

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A) Procedure for Obtaining Design Protection

The procedure ensures that only new, original, and visually appealing designs are protected under the Designs Act, 2000.

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Step 1: Preparing the Application

• Applicant: Designer or owner of the design.
• Information required:
  1. Name & address of applicant and designer.
  2. Title of the design.
  3. Article in which the design is applied.
  4. Drawings, photographs, or representations of the design.
  5. Declaration of novelty and originality.

Section: 7 – Filing of application.

Example: A company designing a new mobile phone back panel must submit photos and details of its design.

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Step 2: Filing the Application

• Can be filed online or physically at the Design Office.
• Priority date = date of filing.

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Step 3: Examination

• The Design Office checks:

  1. Compliance with formalities.
  2. Novelty / originality (Section 4).
  3. Whether it is applied to an industrial article.
  4. That the design is not functional only.

• If objections arise, the office issues a report for clarification or amendment.

Case Law: Bharat Glass Tube Ltd. v. Gopal Glass Works Ltd. (2008) – Even minor visual differences can be considered novel.

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Step 4: Registration and Publication

• Approved designs are registered and a certificate issued.
• Published in the Designs Journal (Rule 14).
• Rights start from registration date.

Section: 8 – Registration.

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Step 5: Duration of Protection

• Protection: 10 years from registration.
• Extension: 5 more years on payment of fees (Section 11(2)).

Total: 15 years max.

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Step 6: Assignment or Licensing

• Registered owner can assign or license the design.
• Assignment must be recorded with the Design Office to be effective (Section 30).

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B) Revocation, Infringement, and Remedies

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1. Revocation of Design Registration

Revocation means cancellation of registration by the Controller or Court.

Grounds for Revocation (Section 20)

1. Design is not new or original.
2. Design is not applied to an article.
3. Design is functional only, not aesthetic.
4. Design is contrary to public order or morality.

Case Law: T. M. Enterprise v. P. K. Mfg. Co. (2009) – Registration revoked due to prior publication.

Procedure

• Application for revocation can be filed by any person interested.
• Controller examines and decides whether registration should be cancelled.

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2. Infringement of Registered Design

Infringement occurs when a person makes, sells, uses, or imports an article that copies a registered design without consent.

Section 22 – Piracy of Design

• Copying or imitation without authorization is illegal.
• Infringer is liable for damages or injunction.

Case Law: Microfibres Inc. v. Girdhar & Co. (2009) – Court protected designs with eye appeal, stopping infringers.

Philips Electronics v. Remington (2009) – Court held that functional-only features cannot be protected.

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3. Remedies for Infringement

Owner of registered design can:

1. File suit for damages – recover losses due to infringement.
2. Account of profits – recover infringer’s gains from using the design.
3. Injunction – prevent further use or sale of infringing articles.
4. Seizure / recovery – infringing articles can be confiscated.

Section: 22(2) – Remedies include monetary compensation and injunctions.

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Key Points for Exams

Topic	Important Sections	Case Laws
Procedure	7, 8, 11, 30	Bharat Glass (2008)
Revocation	20	T.M. Enterprise (2009)
Infringement & Remedies	22	Microfibres (2009), Philips (2009)

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Exam-Friendly Conclusion

• Design protection ensures aesthetic appeal of industrial products is safeguarded.
• Procedure: Apply → Examination → Registration → Publication → Rights → Assignment.
• Revocation cancels invalid registrations.
• Infringement allows legal action for unauthorized copying.
• Remedies: damages, injunctions, recovery of profits.
• Sections 7, 8, 11, 20, 22, 30 and cases like Bharat Glass, Microfibres, Philips, T.M. Enterprise are high-yield for exams.

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Here’s a detailed compilation of case laws related to Industrial Designs, Designs Act, 2000, and procedure, infringement, revocation, and remedies, written in an LLB exam-friendly way. I’ve included facts, legal principle, and relevance for semester exams.

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Case Laws Related to Industrial Designs

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1. Bharat Glass Tube Ltd. v. Gopal Glass Works Ltd. (2008)

• Court: Supreme Court of India
• Facts: Company A designed a unique glass tube. Company B copied the design.
• Issue: Whether the copied design infringed the original design.
• Principle: Even small visual differences can establish novelty if noticeable to the eye.
• Relevance: Emphasizes the novelty requirement (Section 4) for design registration and protection.

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2. Microfibres Inc. v. Girdhar & Co. (2009)

• Court: Delhi High Court
• Facts: Microfibres Inc. registered designs for decorative textile patterns. Girdhar & Co. allegedly copied them.
• Issue: Whether the design was protected and infringement occurred.
• Principle: Only designs with aesthetic / visual appeal are protected; purely functional shapes are not.
• Relevance: Clarifies the eye appeal requirement (Section 2(d)) and infringement under Section 22.

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3. Philips Electronics v. Remington (2009)

• Court: Delhi High Court
• Facts: Philips sued Remington for copying the shape of hair trimmers.
• Issue: Whether functional design elements can be protected.
• Principle: Features dictated solely by function cannot be protected as industrial designs.
• Relevance: Reinforces non-functionality requirement for registration and infringement cases.

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4. T.M. Enterprise v. P.K. Mfg. Co. (2009)

• Court: Delhi High Court
• Facts: T.M. Enterprise filed for revocation of a design registration, claiming prior publication.
• Issue: Whether the design was valid for registration.
• Principle: A design that was already published before registration cannot be protected.
• Relevance: Illustrates revocation grounds (Section 20) and the importance of novelty and originality.

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5. Godrej & Boyce Manufacturing Co. Ltd. v. Kirloskar (2007)

• Court: Delhi High Court
• Facts: Godrej’s uniquely designed lock was allegedly copied by Kirloskar.
• Principle: Registration gives the owner exclusive rights to manufacture and sell the design (Section 11).
• Relevance: Useful in exam questions on rights of registered proprietor and infringement remedies.

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6. Asian Paints v. V. S. Paints (2009)

• Court: Delhi High Court
• Facts: Decorative patterns on wall paints were allegedly copied.
• Principle: Protection is for visual appeal of designs; copyright cannot substitute design registration.
• Relevance: Shows the distinction between Copyright Act and Designs Act in exams.

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Exam Notes – Quick Reference

Case	Section Relevance	Key Point for Exams
Bharat Glass (2008)	4	Novelty requirement
Microfibres (2009)	2(d), 22	Eye appeal, infringement
Philips v. Remington (2009)	2(d)	Non-functional requirement
T.M. Enterprise (2009)	4, 20	Revocation, prior publication
Godrej v. Kirloskar (2007)	11, 22	Rights of proprietor, infringement
Asian Paints (2009)	2(d)	Aesthetic appeal, distinction from copyright

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