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…
Patents and Industrial Designs are both subsets of Intellectual Property Rights, along with Trademarks, Copyrights, Geographical Indicators, etc. Although these two types of Intellectual Property Rights are very distinct in nature, many tend to confuse the two. According to the World Intellectual Property Organization (WIPO), patents are an “exclusive right granted for an invention, which is a product or a process that provides, in general, a new way of doing something, or offers a new technical solution to a problem.”…
Industrial design refers to shape, configuration, pattern or ornamentation applied or applicable to an article. While the protection is sought to the aesthetic look of a particular product, it does not extend to any technical feature or functionality. Industrial Design protection is a type of intellectual property right that gives the exclusive right to make, sell, and use articles that embody the protected design, to the right holder. In order to get the statutory protection of Industrial Design, the Design…
In the following post a few examples of famous and well known designs filed and registered in the food, vehicle and watch industries have been showcased.
Continue Reading Intellectual Property (IP) in India: A Decade of Progress Part 15
The post provides statistical information about industrial design (Design Patent) filing and grant numbers during the last decade.
The Design Act, 2000 is administered by the Design wing of the Patent office Kolkata under the Office of the Controller General of Patents, Designs, Trademarks and Geographical Indications.
The Designs Act 2000 was made effective from 11th May 2001 repealing the earlier Act of 1911. This Act with corresponding Design Rules 2001 provides for the registration and protection of industrial designs.…