INTA opposes definition of ‘article’ under Designs Act

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The International Trademark Association (INTA) has opposed the interpretation of the statutory definition of “article” under the Designs Act, 2000, as set forth in the order dated 18 August 2023, in the case of Hero MotoCorp Limited v M/S Shree Amba Industries.

INTA disagreed with the single judge bench in Delhi, interpreting that the phrase “any part of an article capable of being made and sold separately” in section 2(a) of the Designs Act refers only to parts that can be sold independently as articles with their own independent commercial life, rather than as substitutes or accessories.

INTA did not support the finding that “part” of an article, which has no independent commercial life, does not qualify as an article under section 2(a) of the Designs Act. Consequently, INTA opposed the conclusion that the design of such a part is not eligible for registration.

Founded in 1878, INTA is a nonprofit group supporting IP rights, representing more than 6,400 organisations globally. INTA is also an official WIPO observer and participates in international IP law developments.

The applicant sought to intervene in the present matter to make submissions on the interpretation of “article” under the Designs Act, as addressed in the 2023 order.

INTA declared that this brief was independently drafted, without any party’s contribution, and INTA is not connected to any parties in the suit.

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