Novelty in design: credit where it’s due

By Abhai Pandey, Lex Orbis IP Practice
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The intended subject matter of design protection under the Designs Act, 2000, is any article upon which a design is applied or capable of being applied to enhance its attractiveness and appeal. The basic criterion for registration of a design in respect of an article or part of an article is novelty. (It is noteworthy that if a design has been registered in respect of an article in a particular class, such registration shall not bar the registration of the same design in respect of a different article in the same class on the ground of novelty.)

Abhai Pandey,Lawyer,Lex Orbis IP Practice
Abhai Pandey
Lawyer
Lex Orbis IP Practice

To meet the criterion of novelty, the impugned design should be “new or original” according to section 4 of the act, which provides several definitions.

Firstly, “new or original” signifies that the design has been created as a result of the author’s own intellectual activity. The design must present, for the first time, some pattern, shape or ornament to be applied by a manual, mechanical, or chemical means to a particular subject matter, to which it has not been applied before.

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Abhai Pandey is a lawyer with Lex Orbis IP Practice, a law firm specializing in intellectual property issues.

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Tel: +91 11 2371 6565

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Email: mail@lexorbis.com

www.lexorbis.com

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