Book Release: The Finished Article: Essays on Indian Designs Law


The Finished Article: Essays on Indian Designs Law. I am delighted to take this opportunity to share with the SpicyIP community the release of my book, The Finished Article: Essays on Indian Designs Law (Thomson Reuters, 2022, ISBN-13: 978-9393702173).

Salient Features Of The Designs Act, 2000

IP and Legal Filings

The Designs Act is an act that protects one of the most significant Intellectual Property Rights of a person. Therefore, many acts govern several IPRs one of which includes the Designs Act,2000. The Designs Act, 2000 is one such act. Are not distinctive from other designs.


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Registration and Protection Of Industrial Design In India

IP and Legal Filings

One of them is ‘Design’ which is a composition of colors, shapes patterns, etc which add value and attraction to the product. Designs are advantageous assets that can be protected only if registered under the Designs Act, 2000. Website Designs.

How to Get a Better Design Patent

Patent Trademark Blog

What makes a design patent better? Design patents are quite simple. You do a bit of research into the differences between a design and utility patent , and conclude that design is the way to go. A narrow patent, in contrast, is easier to design around.

CAFC Says District Court Correctly Invalidated Design Patent

IP Watchdog

Design Patent No. Courts District Courts Federal Circuit IP News IPWatchdog Articles Litigation Patents Trademark USPTO CAFC design patents functionality intellectual property patent Patent Litigation patent office trademark trademarksOn June 22, the U.S.

What is a Design Patent?

JD Supra Law

A design patent protects a new, original, ornamental design for an article of manufacture. Ornamental” means that the design is purely decorative; the patentability is based on its visual aspects.

How to Patent a Design

Patent Trademark Blog

What does it take to patent a design? Before diving into how to patent a design, let’s first cover the why questions. Why do you want to get a design patent? Why is a design patent as opposed to a utility patent the right type of IP for your idea?

Difference Between Trademark And Design Registration In India

IP and Legal Filings

Trademark, and design are two very crucial kinds of IPRs which provide a certain extent of protection at their levels. Trademark and design are two of the most important and popular IPRs which can sometimes be confused as the line between their differences may perhaps seem blurry.

Can you file a design patent to protect from infringement?

Patent Trademark Blog

Can filing a design patent protect you from infringement? If that is true, getting a design patent would not necessarily protect you from infringement of utility patents. But, what if getting a design patent could somehow protect you from infringing other design patents?

Design Renewal in India

Selvam & Selvam Blog

At the outset, Section 11(1) of the Designs Act, 2000, grants copyright protection to a design for a period of ten years from the date of registration. Intellectual Property Rights Industrial Designs India Renewal design

Design Patent: Invalid as Unduly Functional


Evo’s design patent claims an “ ornamental design for a foldable bag ” as shown in the figures above. Functionality : Design patents focus on ornamentality rather than utility. ” I.e., typically a design for a useful item. High Point Design LLC v.

Design Search

Biswajit Sarkar Copyright Blog

Importance of Design Search. A design search is important to ascertain whether the proposed design has been registered or not. The details of the application for design registration are entered in the database of the Design Office. Design Search Procedure.

India – Liability of Industrial Design Infringement


For every business or brand owner at present, the design of a product has become a crucial concern, and why won’t it be, after all, “A thing of beauty is a joy forever.” ” The unique design of a product, such as that of Mini Cooper and Coca-Cola, forms brand identity. The ultimate purpose of the Act is to safeguard the intellect of the proprietor of the design in question. Infringement of Industrial Designs .

CX without design only gets you halfway


When mapping out the customer journey, combining traditional CX practices with user-centered design processes has proven to bring the greatest value.

Design Board established in Denmark – a welcome step for artists and designers?

The IPKat

Kat friend, Vishv Priya Kohli , reports on an interesting development in Denmark regarding design law protection, with the establishment of the Danish Design Board. Addressing this need, the Danish Design Board (Designnævnet) was launched on February 24, 2022.

Defending Design Patents


In our new paper, The Truth About Design Patents , we debunk three widely held—but incorrect—views about U.S. design patents. Taken together, these myths paint a grim picture of design patents: Half of all design patent applications are rejected. Acquiring Design Patents.

How can an Amazon seller use design patents?

Patent Trademark Blog

How can an Amazon seller benefit from design patents? If you are an Amazon seller, design patents must be considered – either offensively or defensively. Offensively, you can acquire design patents to protect the unique visual appearance of your product.

How to Protect Your Fashion Designs

Art Law Journal

Fashion designers face a unique set of challenges in protecting their intellectual property, but new court decisions are providing further guidance for fashion designers and legal practitioners. Patrick J. Concannon.

Design Infringement

Biswajit Sarkar Copyright Blog

Under the Design Act of 2000 in India, copying of a registered design is considered an Infringement of Design. The provisions pertaining to the piracy of registered designs in India are contained in Section 22 of the Designs Act, 2000.

CJEU confirms that partial designs may be protected as unregistered designs (but conditions apply)

The IPKat

In it, the CJEU confirmed that an Unregistered Community Design under Regulation 6/2002 may vest in a partial design (which the CJEU defines as “a section of the ‘whole’ that is the product”). As such, it is a short leap to requiring visibility for all categories of designs.

Design Cancellation

Biswajit Sarkar Copyright Blog

The registered owner of a design is granted unrestricted rights to their registered Designs in India. The right to cancel a design registration is one of these rights. The Act and Rules relating to the Design Law of India clearly detail the cancellation procedure.

Design patent failures: What can go wrong?

Patent Trademark Blog

What are common design patent failures? Filing a design patent application doesn’t seem very complicated. A design filing seems so simple. Let’s explore some common design patent failures. Below is an example of a design patent drawing that contains both.

New USPTO Director Quickly Focuses on Much Needed Protection of Virtual Designs

IP Watchdog

Patent and Trademark Office’s (USPTO's) new director wasted no time getting down to business in terms of protecting design innovation in the United States. The U.S.

Design patent infringement: What is a substantially similar appearance?

Patent Trademark Blog

What is the design patent infringement test? The test for design patent infringement involves a visual comparison between the patented design and the accused product. Is that all there is to design patent infringement? Patented Design – Lanard Toys Ltd.

Expert Group Analyzes AI, Copyright and Designs

IP Watchdog

The European Intellectual Property Office (EUIPO) recently published a deep dive report, titled Study on the Impact of Artificial Intelligence on the Infringement and Enforcement of Copyright and Designs.

How to Incorporate Privacy by Design Into Your Business

Olartemoure Blog

Privacy by Design is the integration of data processing procedures to every stage of business practices. The European Data Protection Board has established the most complete guidelines regarding Privacy by Design and by Default as set forth in the European Union’s GDPR (1).

AG Øe advises that partial designs may be protected as unregistered designs

The IPKat

Just before closing down for summer vacation, Advocate General (AG) Saugmandsgaard Øe issued his Opinion in Case C-123/20 concerning the protectability of ‘partial designs’ (design rights for part of a product) as an unregistered Community design right.

Was it Careless Infringement (but for a Good Cause) or a Derivative Design Inspired by Another Indigenous Artist? (The “Every Child Matters” Copyright Story)

Hugh Stephens Blog

I will let you be the judge since … Continue reading "Was it Careless Infringement (but for a Good Cause) or a Derivative Design Inspired by Another Indigenous Artist? Sometimes copyright issues are essentially black or white. There was obvious infringement.

Functional designs in EU law post-Doceram: harmonisation still missing

The IPKat

While awaiting for the new EU Design Directive (expected in 2022 ), this Kat decided to look back at one of the current Directive’s most discussed provisions: functional designs. The Dusseldorf Court of First Instance declared the designs invalid.

Guest Post: Old Designs, New Design Patents


Last week, at Design Day 2022, the USPTO announced that it had completed its summary of those comments. In the request for comments, the USPTO floated the idea of issuing design patents for what they are now calling “designs for projections, holograms, and virtual and augmented reality (PHVAR).” But projected designs aren’t new. As we explained in our law professor comments , designs for “magic lantern” projections go back at least as far as the 17th century.

Should you protect your product with a design patent?

Patent Trademark Blog

Should you use a design patent to protect your new product? When compared to utility patents , design patents are often overlooked as an IP asset. Let’s explore when it makes sense to pursue a product design patent. The key is understanding what a design patent protects.

Counsel at odds over UK designs overhaul

Managing IP

Counsel say the UKIPO’s call for views on post-Brexit design laws provides a chance to explore new opportunities, but note that red flags have been raised

India’s Accession to the Locarno Agreement: Amendments to the Design Rules, 2001 & Other Impacts


We are pleased to bring you a guest post by Yashi Agrawal on India’s recent accession to the Locarno Agreement, discussing inter alia the resultant amendments to India’s design laws and prospective benefits to India on becoming a part of the Locarno Special Union and Assembly.

Novelty of a Design

Biswajit Sarkar Copyright Blog

The goal of the Design Act is to protect and preserve original and novel designs. A design like this can be applied to a specific article that will be produced using industrial procedures or methods. The Novelty of Any Design is Important for its Registration.

Long-awaited changes for Australian designs receive Royal Assent

The IPKat

Differences in the treatment of design law across jurisdictions remain a fascinating subject. Kat friend, Dr. Tyrone Berger , reports on what he calls "long-awaited changes" to the design law of Australia.

What do dashed lines in a design patent mean?

Patent Trademark Blog

What is the meaning of broken or dashed lines in a design patent? While I’m not sure if you can call it a loophole, US design patents enable a particular option in the drawings that can potentially broaden protection. The use of dashed lines, or broken lines, in design patent drawings means that whatever is drawn in such lines is not claimed. In a US design patent, the claimed design comprises what is drawn in solid lines.

Form versus Function – Protecting Products with Design and Utility Patents

Trademark, Copyright, and Unfair Competition Law B

If you want to protect how something looks, you need a Design Patent. Design and Utility Patents. Utility patent claims require them to be useful as well as new, and non-obvious over the prior art; design patent claims exclude that which has an appearance dictated by function.

Video Editing and Motion Graphics Design: Creative Hobby to Creative Career

Art Law Journal

The post Video Editing and Motion Graphics Design: Creative Hobby to Creative Career appeared first on Art Business Journal. Jobs career transition design educationVideo editing and motion graphics go hand in hand—after all, they are both rooted in storytelling.

What is a Design Patent?

The IP Law Blog

A design patent protects a new, original, ornamental design for an article of manufacture. Ornamental” means that the design is purely decorative; the patentability is based on its visual aspects. In order to obtain a design patent, the applicant must file a patent application.

Can a design patent show a specific material or composition of matter?

Patent Trademark Blog

Can a design patent cover a type of material? We all know that designs patents cover the ornamental appearance of a product or idea. Can a design patent show a specific material, substance or composition of matter? Can the design patent title describe what the product is made of?