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August 2019

IPR Amicus: June 2019


Design protection - Mere placement of few different straps, holes or combination of colours not enough
by Ashna Pruthi


Delhi High Court has recently set aside its ex-parte ad-interim injunction in relation to design protection. Plaintiff had earlier registered a design for footwear (slipper) in 2017 and claimed the design to be novel. On direction of the Single Judge, a survey was carried out wherein various third parties selling products bearing the identical design were found. Single Judge observed that results of market survey established identical design available in the market. It was observed that the claiming and disclaiming of combination of colours and placement of MRP tag before the court and at the prosecution stage respectively shows the inconsistent stand taken by the Plaintiff. The Court held that plaintiff’s design is common to trade and lacks novelty. According to the author, the instant case shows that in determining the novelty or originality of a design, mere placement of few different straps, holes on a design or claims on a certain combination of colours would not afford protection…

Ratio decidendi

  • Copyrights – Architect cannot restrain building owner from demolishing it - Delhi High Court
  • Design registration – Argument of functional differences, not material - Calcutta High Court
  • Trademarks - Passing off in part of registered mark when can be claimed - Delhi High Court
  • Patents - Infringement by marketing approval for a species of a patented genus - Delhi High Court
  • Trademarks - Essential feature being same, trade origin immaterial in infringement - Delhi High Court

News Nuggets

  • Non-naturally occurring delivery method of a natural chemical is patentable
  • Patent directed to application and not natural law itself is valid
  • Patents – Remand in case of non-appreciation of material of expert
  • No party to litigation can be allowed to blow hot and cold at the same time

June, 2019/Issue-93 June, 2019/Issue-93

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