Welcome to Part 3 of "Deciphering India’s Design Law: A Series on Noteworthy Judgments," presented by BananaIP Counsels. In this continuation of our in-depth exploration into Design Patents in India, we provide succinct notes on various judgments, grounded in meticulous analysis and aimed at demystifying the intricacies of the legal outcomes. Engage with us as we traverse through the legalities, providing clarity and understanding on pivotal rulings and their implications for design law within the nation.
Novelty test:
Mug, Tub, and…
In the second installment of our series on Design Patents in India, BananaIP Counsels presents an analysis of critical judgments that define the scope and interpretation of design law in the country. These rulings offer clarity for stakeholders and contribute significantly to the evolving legal framework surrounding designs.
The claim for infringement not established:
No Design Infringement of Hipster Alcohol Bottle Design
Alcobrew's bottles do not prima facie infringe the registered 'Hipster' bottle design of Diageo says Delhi Court. While rejecting…
Kickstarting our series on India's design law, we explore three significant verdicts that shed light on the nuances of intellectual property protection.
Adoption of strikingly similar Sonic Nozzle Design prima facie amounts to infringement, says Calcutta High Court.
The Calcutta High Court recently granted an interim injunction in favour of Raring Corporation with respect to its registered design pertaining to the sonic nozzle used in dust collection and suppression equipment. The Court stated that the defendant's nozzle is strikingly similar to…
Date: August 30, 2023
The Office of the Controller General of Patents, Designs, and Trade Marks has released a formal public notice with the objective of soliciting suggestions and comments for the revision of current manuals and guidelines. This also includes the issuance of new guidelines for Patents, Designs, Trade Marks, Geographical Indications, and Copyrights.
Who May Participate
The invitation for input extends to all interested parties, including patent and trademark holders, designers, legal experts, academics, and professionals in industries governed by…
This week, the patent office published 1,383 applications along with 993 patent grants. The design office registered a total of 509 designs. Continue Reading Weekly Patent and Industrial Design Statistics – 27th January 2023 to 3rd February 2023
This week, the patent office published 1,100 applications along with 818 patent grants. The design office registered a total of 1,194 designs. Continue Reading Weekly Patent and Industrial Design Statistics – 20th January 2023 to 27th January 2023
In 2022, the Indian patent office published 72,029 applications along with 31,261 patent grants. The design office registered a total of 15,904 designs. Continue Reading Patent and Design Statistics – 2022
This post provides an overview of the Intellectual Property Facilitation Scheme for Startups in India, including who can apply and who can be a facilitator. It also explains the functions and duties of facilitators, as well as the Empanelment process. This comprehensive guide provides all the necessary information for startups to take advantage of this scheme. Continue Reading SIPP: What Startups need to know about the revised scheme for Intellectual Property protection
When you’re launching a new product, service, or marketing plan, it’s easy to get caught up in the excitement and forget about all the pitfalls that lie ahead. An intellectual property audit is an excellent way to identify potential IP opportunities and risks before they become real problems. Read More.. Continue Reading Why Perform an IP Audit? 5 Reasons
Facts of the Case:
Havells India Limited, the Plaintiff, was incorporated in the year 1983 and engaged in the business of Electrical and Power Distribution Equipment. The Plaintiff had gained huge goodwill in the Indian market as well as the International market and was one of the leading companies in the sector of Fast Moving Electrical Goods Company, worldwide. The Plaintiff sells the products under most of the prestigious global brands like Havells, Crabtree, Standard, Promptec and Lloyd. The Plaintiff…