06 August 2018

Pre-cut Eye Drape having only functional value does not qualify as Design

Considering nothing non-obvious, novel or unique in the shape, size, configuration, pattern and composition in registered design of Pre-Cut Eye Drape, Delhi High Court in its decision dated 28-5-2018 has held that the design does not qualify as design under Section 2(d) of the Designs Act. It noted that functional shape and configuration dictated solely by functionality is not registrable under the Designs Act as a design.

The Court in  Rajesh Kalra v. Safeops. Surgical Care also observed that the Eye Drape is coming with pre-cut/aperture which Ophthalmologists can make in course of Surgery hence; it has only a functional value and no ornamental value. Dismissing the suit, the court was of the view that this is not a case where some features of a design may have a functional purpose.


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