13 October 2023 IPR and Cyber Laws

Lecture Notes : 7

Lecture Notes - 7 13 October 2023

B.Tech. (CSE) / (CSE AI) 7th Semester – Odd Semester 2023
IPR and Cyber Laws (BTCSE 703 / BTCSE AI 703)
Topics
Designs Act 2000
1. Two and Three Dimensional Design.
2. Introduction to Design - Designs Act, 2000.
3. Objectives of Designs Act 2000.
4. Salient features of Designs Act 2000.
5. Essential Requirements for Registration of Design.
6. Documents Required for Registration of Design.
7. Steps involved in Registration of Design.
8. Owners Rights.
9. Piracy of Designs.
10. International Law related to Industrial Design.
Faculty :
Dr. Siddhartha Sankar Biswas
Department of Computer Science & Engineering
School of Engineering Sciences and Technology
1
Jamia Hamdard, New Delhi, INDIA

Two Dimensional Design

13 October 2023 Dr. Siddhartha Sankar Biswas 2

Dr. Siddhartha Sankar Biswas Page No. 1 /8

 13 October 2023 IPR and Cyber Laws
Lecture Notes : 7

Three Dimensional Design

India’s Largest 3D Printed Sculpture 3D Printed Sculpture Installed at

Installed at Mumbai Airport Kolkata Airport

13 October 2023 Dr. Siddhartha Sankar Biswas 3

Introduction to Design
Section 2(d) of Designs Act, 2000, defines a Design as:
“Design" means only the features of shape, configuration, pattern,
ornament or composition of lines or colors applied to any article whether
in two dimensional or three dimensional or in both forms,

by any industrial processor means, whether manual, mechanical or

chemical, separate or combined,

which in the finished article appeal to and are judged solely by the eye;

but does not include any mode or principle of construction or anything

which is in substance a mere mechanical device,

and does not include any trade mark as defined in clause (v) of sub-
section(1) of section 2 of the Trade and Merchandise Marks Act, 1958 (43
of 1958) or property mark as defined in section479 of the Indian Penal
Code (45 of 1860) or any artistic work as defined in clause (c) of section 2
of the Copyright Act, 1957 (14 of 1957).

13 October 2023 Dr. Siddhartha Sankar Biswas 4

Dr. Siddhartha Sankar Biswas Page No. 2 /8

 13 October 2023 IPR and Cyber Laws
Lecture Notes : 7

Objectives of Design Act 2000

 The primary objective of the Design Act is to protect the designs.

 The Design Act of 2000 is an Act to consolidate and amend the law relating to
the protection of designs.

 Its main objective is to protect new or original designs from getting copied
which causes loss to the proprietor.

 The important purpose of design registration is to see that the creator,

originator or artisan of any design is not deprived of his reward for creating that
design by others copying it to their goods or products.

 An industrial design helps in drawing a customer’s attention and helps in

increasing the commercial value of an article. Therefore, helps in expanding its
market.

 There are many competitors who adopt evil ways to reduce the competition in
the rival groups by exploiting the designs to their advantage. Thus, it is
necessary to have laws to safeguard the interests of the owners of these
designs. In order to fulfill this objective, the Design Act of 2002 came into
existence.
13 October 2023 Dr. Siddhartha Sankar Biswas 5

Salient features of Design Act 2000

 India is a member of the World Trade Organization’s Paris Convention. It has
signed the Patent Cooperation Treaty which allows all the signatories of the
convention to claim priority rights.

 Under the Act of 2000, Locarno classification has been adopted in which the
classification is based only on the subject matter of design. Under the previous
provisions, the classification was made on the basis of the material which has
been used to make that material.

 The introduction of “Absolute Novelty” makes it possible to judge a novelty on

the basis of prior publication of any article. This is applicable in other countries
also.

 As per the new law, a design can be restored which was absent in the previous
enactment. Now, the registration of a design can be restored.

 The Act allows the district courts to transfer cases to the high courts where the
jurisdiction is present. It is possible only in cases where a person is challenging
the validity of any registration.

13 October 2023 Dr. Siddhartha Sankar Biswas 6

Dr. Siddhartha Sankar Biswas Page No. 3 /8

 13 October 2023 IPR and Cyber Laws
Lecture Notes : 7

 Laws regarding the delegation of powers of the controllers to other controllers

and the duty of examiner are also mentioned in the new Act.

 The quantum of punishment is also enhanced under the Act in case of any
infringement.

 The secrecy of two years of a registered design is also revoked.

 Provisions regarding the avoidance of certain restrictive conditions are also

there so as to regulate anti-competitive practices in contractual licenses.

 Whenever a license is brought within the domain of public records and that too
publicly, the registration is likely to be taken into consideration. Anyone can get
a certified copy of it in order to inspect the same.

 The laws regarding the substitution of the application before registering a

design are also mentioned in the new enactment.

 Under new provisions, power has been given to district court to transfer cases
to the high court where the court is having jurisdiction. This is only possible if
the person is challenging the validity of the design registration.

13 October 2023 Dr. Siddhartha Sankar Biswas 7

Essential Requirements for Registration of Design

(1) It should be novel and original.
 A design can be considered for registration only if they are unique.

 A combination of previously registered design can also be considered only if

the combination produces new visuals.

(2) There should be no prior publication or disclosure of the design.

 The design must not be a published one.

 There should not be any tangible copy available already in the market if you are
seeking registration of the design that is in digital format.

 Displaying of the design in any fashion show by the creator is considered as

publication of that design.

 Secret and private use of the design does not amount to the publication and
can be used for the experimental purpose.

13 October 2023 Dr. Siddhartha Sankar Biswas 8

Dr. Siddhartha Sankar Biswas Page No. 4 /8

 13 October 2023 IPR and Cyber Laws
Lecture Notes : 7

(3) It should be visible on a finished article

 The applicability of the design should be to the article itself.

 It can be in form of a three-dimensional figure or two-dimensional figures.

 Three-dimensional figures included any new design like of toy, car, etc

 Two-dimensional figures included any painting or any graffiti on the walls or

print on the bed sheets.

(4) The design must not be contrary to the order and morality
 The design must be capable of registering under Section 5 of Design Act, 2000.

 It must not be prohibited by the Government of India or any institution so

authorized.

 The design which can cause a breach of peace and may hurt the sentiments of
the people may not be allowed to get register.

13 October 2023 Dr. Siddhartha Sankar Biswas 9

Documents Required for Registration of Design

1. A signed Power of Attorney in front of 2 witnesses.

2. Sets of figures or photographs in color or black and white, preferably of

various views of the complete article.

3. A certified copy of the priority document showing the filing date, number and
country, if priority is to be claimed.

Steps involved in Registration of Design

1. Finding out whether any registration already exists.
2. Preparing a representation of the design.
3. Identifying the class of design.
4. Providing a statement of novelty.
5. Including a disclaimer.
6. Claiming a priority date.
7. Determining the fee to be paid.
8. Ensuring all enclosures are attached.
13 October 2023 Dr. Siddhartha Sankar Biswas 10

Dr. Siddhartha Sankar Biswas Page No. 5 /8

 13 October 2023 IPR and Cyber Laws
Lecture Notes : 7

13 October 2023 Dr. Siddhartha Sankar Biswas 11

Owners Rights
 As per the provisions of Design Act, 2000 any proprietor who is seeking
registration of a design,

which is original and unpublished previously in any country

which does not seems to be contrary to any law and order of that country

can file an application for registration.

 A proprietor as per Section 2(j) includes that person who

1. Is the author of that design.

2. Acquired design for a valid consideration.

3. Any person to whom the design has been devolved from the original
proprietor.

 In case there is more than one author than the design must be applied by the
joint authors only.
13 October 2023 Dr. Siddhartha Sankar Biswas 12

Dr. Siddhartha Sankar Biswas Page No. 6 /8

 13 October 2023 IPR and Cyber Laws
Lecture Notes : 7

Piracy of Designs
Section 22 of Design Act, 2000 deals with the piracy of the registered design in
India.
Piracy of design is considered for any person
 for the purpose of sale, make or license use any of the design as registered
under the Design Act, 2000 without the written consent or license of the
registered proprietor

 applies to the design or any fraudulent or obvious imitation tries for the
purpose of sale, of any article in any class of article in which the design has
been registered without the consent of the registered proprietor

 Publish or expose or cause to be published or exposed for sale that article,

knowing that the design or any fraudulent or obvious imitation there has
been applied to any article in any class of article where the design is
registered

 The section very specifically provides that in a civil case compensation payables hall not
exceed Rs. 50,000/- in respect of infringement of one registered design.
 As the compensation payable is statutorily limited, it is a good ground for insisting an
interim injunction even before the commencement of trial.

13 October 2023 Dr. Siddhartha Sankar Biswas 13

International Law related to Industrial Design

1. Hague Agreement

 The Hague Agreement is a system which enables design owners who belong to
certain countries to apply centrally for designs for a number of states and/or
intergovernmental organizations, rather than having to make separate
applications for each state and/or intergovernmental organization.

 The Hague System for the International Registration of Industrial Designs

provides a practical business solution for registering up to 100 designs in 74
contracting parties covering 91 countries, through the filing of a single
international application.

13 October 2023 Dr. Siddhartha Sankar Biswas 14

Dr. Siddhartha Sankar Biswas Page No. 7 /8

 13 October 2023 IPR and Cyber Laws
Lecture Notes : 7

2. Locarno Agreement
 The Locarno Agreement establishes a classification for industrial
designs (the Locarno Classification).

 The competent offices of the Contracting States must indicate in official

documents reflecting the deposit or registration of industrial designs
the numbers of the classes and subclasses of the Classification to
which the goods incorporating the designs belong.

 This must also be done in any publication the offices issue in respect of
the deposit or registration of industrial designs.

13 October 2023 Dr. Siddhartha Sankar Biswas 15

3. Paris Convention for the Protection of Industrial Property

 The Paris Convention, adopted in 1883, applies to industrial property in

the widest sense, including patents, trademarks, industrial designs,
utility models, service marks, trade names, geographical
indications and the repression of unfair competition.

 This international agreement was the first major step taken to help
creators ensure that their intellectual works were protected in other
countries.

 The Paris Convention, concluded in 1883, was revised at Brussels in

1900, at Washington in 1911, at The Hague in 1925, at London in 1934, at
Lisbon in 1958 and at Stockholm in 1967, and was amended in 1979.

Good Luck

13 October 2023 Dr. Siddhartha Sankar Biswas 16

Dr. Siddhartha Sankar Biswas Page No. 8 /8