Evolution of  The Designs Act, 2002

Tracing the Evolution of The Designs Act, 2002.

Columns No Comments on Tracing the Evolution of The Designs Act, 2002. 4177

Introduction: The market for contemporary Indian art has turned “bullish and aggressive” according to the recent statement from Sotheby’s auction house.

In the fall of 2002, a triptych by the Bombay based painter Tyeb Mehta, Celebrations sold for more than a quarter million dollar at Christie’s in New York, setting a new record for a painting by an Indian artist. In 2005 Mehta’s large canvas Mahishasura, depicting the Hindu goddess Durga in a complicated dance with the demon Mahishasura, sold for 1.58 million, six times the earlier record.

A few weeks later, M.F. Husain, perhaps India’s most famous living painter sold his dramatic piece The Last Supper, depicting an empty bowl alongside an African women for two million dollar in an internet auction.

Deriving an emphasis from such an observation the rationale behind the Protection of Industrial Design can be arrived at, as it is important because it encourages the creativity in the industrial and manufacturing sectors and helps in the economic development of a nation.

In order to catch the attention of buyers, an article must be visually attractive. Visual attraction enhances the marketability of the article. In order to be protected, the design of an article must appeal to the eye. This means that the design is primarily of an aesthetic nature.

An industrial design adds to the commercial value to a product by making it attractive. The manufacturers, therefore, pay adequate attention to the design of the article they produce. Legal protection, therefore, becomes necessary for the creation of new design and their application to article, as it ensures a fair return on investment.

The urgent need to protect new designs was felt in India as early as 18th century where in the legislation enacted the Patterns and Designs Protection Act, 1872 for the first time. The Act provided the inventors of new patterns and design in India, the exclusive privilege of making, selling and using the invention in Indian or authorizing others to do so for shorter duration of time.

This Act was followed by the Inventions and Designs Act, 1888 which consolidated and amended the law relating to the protection of inventions and designs and contained a provision relating to design in a separate part. The Act of 1888 was replaced by the British Patent and Designs Act, 1907 which became the basis of the Indian Patent and Designs Act, 1911. The Patents Act, 1970 repealed the patent provisions of the 1911 Act. The Designs Act, 2000 repealed the Designs Act, 1911. The Act came into force on 11th May, 2001.

The researcher in this instant paper has tried to portray the evolution of the Designs Law in India after the enactment of the Designs Act, 2000. Meanwhile the researcher has also tried to address the issues and challenges faced by the recent Designs Law, and the reasons which called for the amendments are also included in this attempt.

History of Industrial design rights:
Emergence of Designs Rights:

 
Before discovering the history and the evolution of the designs act in India, it will be better to see the history of the designs act in United Kingdom, as they are the pre-runners in protecting the industrial designs and our laws relating to industrial designs are based on their legislations during the colonial period. The law of designs has a long history dating back to the latter part of 18th century.

Its origin can be found from the United Kingdom in 1787 with the Designing and Printing of Linen Act. It was originally introduced to protect the designing and printing of linens and cottons, design law has been extended over the years to cover functional as well as decorative articles. This act gave only a limited copyright protection to the designs, but it effectively begins with a design registration scheme which took recognizable form in the 1830sand 1840s.

The Copyright and Design Act was passed in the year 1839 and increased the protection given to fabrics and textiles by extending the law according to the modern design. This act only introduced the system of registration to avail benefits under the act. Then the act of 1842 consolidated all earlier acts and provided a higher level of protection and increased the remedies for infringement.

Thereafter in the year 1883 a single consolidated and amendment act was passed by the parliament of the United Kingdom, clinching designs, patents and trademarks. At these times the importance of protection of designs was considered by most countries and they started enacting legislations to protect the industrial designs.

Importance and Recognition:

In 1949, the registered designs were once more separated entirely from patents and the law relating to registered designs was governed by the Registered Design Act 1949. Then it was further modified in the year 1968 by a concise act.

The Registered Designs Act 1949 is still in force today but as amended by the Copyright, Designs and Patents Act of 1988. The new amendment of 1988 was intended to reduce the luxurious nature of the designs rights. The act was amended further on 9 December 2001 to incorporate the European Designs Directive.

The Directive mandate all the member countries of EC to implement the directive before 2001, to give the holder of a registered design right an exclusive right to authorize or prohibit others from using the design in anyway, but the right holders cannot restrict the private or non-commercial use.

Further the period of protection was extended to a maximum total of twenty five years. The European Community has introduced a community design in the year 2002 that provides a unitary industrial design right.

The scope of the protection conferred by a community design includes any design which does not produce a different impression on an informed user, taking the degree of freedom of the designer into consideration. It also protects the designs in a foreign country, if it has business in number of European countries.

Paris Convention and Hague Agreement:

At the international level the Paris convention for the protection of Industrial Property, 1883 is the first international convention which discusses the concept of industrial property and its protection. The convention was amended in the year 1979 and mandates the countries of the union to protect Industrial designs.

It further introduced a provision to mandate the member states to provide protection to the industrial designs without any forfeiture on the basis of failure to work or by reason of importation of articles corresponding to those which are protected.Another important international document which provides adequate protection to the industrial property is the Geneva Act of the Hague Agreement concerning the International Registration of Industrial Designs which was adopted in the year 1999.

The Hague system provides an international registration of designs which provides a mechanism for registering a design in countries and intergovernmental organizations party to the agreement. It is administered by the international bureau of the WIPO.

The international registration obtained under this agreement produces the same effects in each of the designated countries, as if it was registered in that country. India is a member of Paris convention and gives protection to the industrial designs, but does not signed the Geneva act of the Hague agreement and the international protection for industrial designs is not available in India.

The Protection given under the Hague agreement will be discussed later under the head International Protection of Industrial Designs.

Evolution of Designs Act in India:
Introduction of Design Rights by British:

 
The first act in India to grant exclusive privileges to inventors of new patterns and designs was passed in 1872. This act was titled as “The Patterns and Designs Act, 1872”. It gave a definition of new manufacture to include any new or original pattern or design or the application of such pattern or design of the application of such pattern or design to any substance or articles of manufacture.

Afterward the act was replaced by a new consolidated act called The Inventions and Designs Act, 1888. This 1888 act was nothing but a clear reflection of British model of the same act in the United Kingdom. Then came the Patents and Designs Act, 1911, which repealed the previous acts relating to patents and for the first time in India this act has introduced a new separate office for the execution of law relating to designs.

The creation of controller general for all the intellectual properties unified the registration, administration and information in one office and made the procedure for obtaining protection more steady and uniform. To regulate the practice of registration and for the purpose of carrying into effect the provisions of the Act, patent and designs rules were framed in the year 1933.

Section 2(4) of the act gives copyright protection to a registered design as “Copyright means the exclusive right to apply a design to any article in any class in which the design is registered”.

Significance and effectiveness of Colonial Designs Act of 1911:

The Act of 1911 excludes any trademark or property mark from the definition of the term ‘design’ which was stated as only the features of shape, configurations, pattern or ornament applied to any article by any industrial process, which in the finished article appeal to and are judges solely by the eye. The act further provides certain essential requirements to be satisfied in order to get a design registered in India.

The first important requisite is that the design should be new or original and not previously published in India. For the purpose of registration of designs, goods have been classified into fourteen different classes and an applicant, to safeguard his own interest, may register the identical design in different classes.

When a design is registered under this act, the proprietor of the design shall have copyright on his design for a period of five years, which may extend to fifteen years on an application filed before the registrar with the prescribed fee for the extension of the period of copyright before the expiry of the five years term.

During the period of the protection, the registered owner has the exclusive right to apply the design so registered on any particular thing or object in which it was registered. Under this act, the registered owner of the design should mark the article with word ‘Regd’ or ‘Registered’ with the number of registration, except in case of the textile design.

If it was not marked by the proprietor, the he cannot claim protection and not entitled to recover damages from an infringer.

Protection of Industrial Designs under the new Indian Designs Act, 2000:

The 1911 act was amended so many times in the British colonial period and after the Indian independence. Finally Indian Designs Act, 2000 was enacted to consolidate and amend the law relating to the protection of designs and to implement the TRIPS Agreement.

It came into effect in India on May 11, 2001, replacing the old law of 1911 to provide more effective protection to the registered designs and to encourage design activities. The new act of 2000 grants the owner or proprietor of the registered designs an exclusionary right of selling, licensing, assigning and using the same in any product.

In India, registration of an industrial design is possible to protect if it is new or original provided it is a: non-functional features of shape, configuration, pattern, ornamentation or composition of lines or colours, applied to any article whether in two or three dimensional or in both forms, by any industrial process or means whether guide, mechanical or chemical, separate or combined.

India, under this act, has adopted the ‘first to file, first to get’ system, which means that the inventor or creator of a design should file the application for registration on the earliest possible time in order to prevent other persons claiming rights on that particular designs.

A design is considered to be new if no identical design has been made available to the public before the date of filing, or the application for registration. In India, novelty is determined on a worldwide basis.

The main change that the act has brought in is the exclusion of ‘artistic works’ as defined in the Indian Copyright Act, 1957 from the definition of the term ‘design’.

Likewise the Copyright act also excludes any design which is registered under the Designs Act from the scope of protection under the copyright act. The new definition to the term ‘design’ made many conflicts in giving protection to the artistic works.

This was explained by the Delhi High Court in Microfibers Inc. v. Girdhar Co. & Another that the artistic works which are excluded from designs protection are the piece of art by itself in the form of painting. The court further observed that the artistic work with an object to put them into industrial use are not excluded from the section 2(d) of the designs act and they needs to be registered to get protection.

The court clearly explained in that case that “The exclusion of an ‘artistic work’ as defined in Section 2(c) of the Copyright Act from the definition of ‘design’ under Section 2(d) of the Designs Act, 2000 is only meant to exclude the nature of artistic works like painting of M..F. Hussain.

It is, thus, the paintings, sculptors and such works of art which are sought to be specifically excluded from the new Act” More over the rationale for protection of designs under IPR regime is clarified by the Supreme Court of India. The Honourable Court, in the case of Bharat Glass Tube Limited v. Gopal Gas Works clearly defines the object and the purpose of the Design Act.

The object of the act is to protect the IPR of original design with the aim to reward the innovator for research and labor applied to evolve a new and original design. The Court further emphasized that the protection given with respect to designs “is primarily to advance industries and to keep them in high level of competitive progress”. The definition under the act of 2000 is an improved one and more comprehensive.

The inapplicability of copyright law to the fashion industry has not caused any instability, nor has it adversely affected the incentive to innovate and create. It is beyond doubt that the fashion industry needs to regulate dissemination of designs and art to reduce if not curb unauthorized use and appropriation of creative artistic works.

Another important case was decided by the Supreme Court of India regarding the designs registration and protection in Bharat Glass Tube Ltd v. Gopal Glass Works Ltd.

In this case the Supreme Court examined the nature of proof required to establish prior publication of a design. This is an appeal on the cancellation of the design registration on the ground of similarity of design existing in England. The Design in dispute in this case is a shape to be applied in glass sheet. The court after examining the two designs came to the conclusion that there is no comparison between the two and upheld the order of the Calcutta high court.

The international registration of industrial designs came into conflict in India for the first time in Disney Enterprises Inc. v. Prime Housewares Ltd. before the Delhi high court. In this case the Disney characters such as mickey mouse, minnie mouse and donald duck were manufactured by Mumbai based Prime house wares limited.

The Disney filed trademark infringement suit with the main contention on their international registration of their designs and the court observed that the plaintiff’s trademark is protected under Indian law, but not the designs.

The court passed the order on trademark infringement suit in favour of the Disney. The court also directed the Indian company to deliver all the infringing material in their possession to Disney so that it could be destroyed.
The new act has made another major change to the existing act by extending the initial period of protection to ten years from five years, but the maximum term of protection remains the same for fifteen years.

In case of piracy of the designs, the person who infringed the design copyright shall be liable for the fine not exceeding fifty thousand rupees. The proprietor can also bring a suit for recovery of damages and infringement. The suit for infringement of registered designs cannot be instituted in any court lower than that of a district judge.

The new act is more superior and effective in giving protection and encouraging the industrial designs in India.

The Act along with the Designs Rules, 2001 presently govern the design law in India. The Act and subsequent rules were amended which came to effect from June 2008. In 2007, National Design Policy was adopted.

Among other things it aims at promotion of Indian design through a well-defined and managed regulatory, promotional and institutional framework. Action plan for implementation of the policy was also adopted for building a platform for innovation in creative design, propagation of Indian designs and innovations on the international arena and for global positioning and branding of Indian designs. Subsequently, in 2009 the Central Government constituted the India Design Council under the Department of Industrial Policy and Promotion (DIPP).

The council is intended to act as the national strategic body for multidisciplinary design and to get involved in promotion of design with the ultimate vision to make Indian Industry a design enabled industry. The India Design Council has constituted three major task forces (working committees) focusing on: a) possible ways of promoting design in different sectors and fields; b) capacity-building via benchmarking design educational and training institutions as well as developing model curriculum; and c) policy mechanisms and the provision of incentives for promoting research and development, adoption of design by industries and providers if design services. In March 2011, the Council unveiled good design marking base on quality assurance with respect to originality, innovation, aesthetic appeal, user-centricity, ergonomic features, safety and eco-friendliness.

I-Mark is the Indian equivalent of the Japanese G-Mark, the highest quality marking for industrial design in Japan, which leads the world in industrial design innovations. The I-Mark benchmarking initiative is also intended to be the preparation of a mechanism for recognizing and encouraging industry achievers in creating a brand image abroad for Indian designs.

International Protection of Industrial Designs:
TRIPS:

The TRIPS Agreement obliges members to provide for the protection of independently created industrial designs that are new or original. It says that the members may provide that designs are not new or original if they do not significantly differ from known designs or combinations of known design features and that such protection shall not extend to designs dictated essentially by technical or functional consideration.

Further the TRIPS requires the members to grant the owner of a protected industrial design the right to prevent third parties not having the owner’s consent from making, selling or importing articles bearing or embodying a design which is a copy, or substantially a copy, of the protected design, when such acts are undertaken for commercial purposes. Under the TRIPS agreement, the minimum term of protection given to the proprietor should be ten years.

At the International level, apart from the TRIPS Agreement which mandates the member countries of the WTO to enact or amend their legislations to give minimum level of protection to the Industrial designs, there are three other international treaties which provide general standards of protection to be provided by the contracting states.

Paris Convention for the Protection of Industrial Property is the first major international agreement covering general standards of protection for industrial designs to be provided by the member states. The second important international agreement was the Hague Agreement concerning the International Registration of Industrial Designs, which governs the WIPO administered global protection system for registering designs.

Then the Locarno Agreement, 1979 which establishes the international classification for industrial designs. Though India is not a contracting party to the Hague Agreement, but follows the International classification for industrial designs based on the Locarno Agreement, it would be better to discuss the Hague system of international registration and protection of industrial designs to analyze the protection of industrial designs under international IPR regime.

Objectives and basic features of the Hague System:

The Hague system gives the owner of the industrial design the possibility to have his design protected in several countries by simply filing one application with the International Bureau of WIPO, in one language. The design so registered with the WIPO under this system will get the protection at all the member countries to the Agreement. 

At present there are 58countries are contracting parties of the Hague Agreement, of which 41 countries are bound by the Geneva Act, 1999 which provides for international registration for industrial designs.

The European Union joined the Hague system for international design protection in the year 2008, which mandates all the members of the EU to give protection to the designs registered under the Hague system.

Another Union of countries which joined the Hague system is the African Intellectual Property Organization (OPAI) with 16 countries. The Hague system was aimed at providing simpler and more cost-effective design protection solutions for the users from the member states. It also simplifies the management of an industrial design registration, since it is possible to record subsequent changes or to renew the registration through a single procedural step with the International Bureau.

One advantage to filing via the Hague Agreement is that no in-country patent agent is required in order to obtain protection in that jurisdiction. Additionally, countries are required to accept applications whose formalities are in agreement with Hague agreement practice, but not necessarily with practice in that country.

The Earlier acts of the Hague systems, the London Act of 1934 and the Hague Act of 1960 give relief to the owners of the designs only after fulfilling some procedural matters in the national level. But as per the Geneva Act of 1999, the international design registration completely takes care of the applicant interest and relives him from filling separate individual application before the national office.

It offers the possibility of obtaining protection for industrial designs in a number of States and Intergovernmental Organizations by way of filing a single international application.The filing of an international application does not require any prior national application or registration.

Protection for an industrial design can therefore be applied for at the international level through the Hague Agreement for the first time.

Filing Application and Procedures for International registration:

An international registration may be obtained only by a natural person or legal entity having a connection, through establishment, domicile, nationality with a Contracting Party to any of the three Acts of the Hague system. Over 99 percent of international registrations currently obtained are governed by either the 1999 or the 1960 Act; hence the application of the 1934 Act has been frozen since January 1, 2010.

Only under the 1999 Act, an international application may be filed on the basis of habitual residence in a contracting party.

An international application must be filed on the official form and it must contain a reproduction of the industrial design concerned, together with the designation of the contracting parties in which protection is sought. It must be filed in English, French, or Spanish, at the applicant’s option. 

A single international application may comprise several different designs up to a maximum of 100 provided that all designs included in the same application must belong to the same class of the international classification of Locarno Agreement.

The international application may be filed at the option of the applicant either directly with the International Bureau or through the Office of the applicant’s contracting party. An international application is subject to the payment of three types of fees: a basic fee, a publication fee, and designation fee for each designated country.

All the payment to the International Bureau should be made in Swiss currency. However, National offices who receive international application may collect fees in their own currency but while transferring application and fee to the International Bureau should be in Swiss currency.

E – filing:

WIPO introduced an electronic interface for electronic filing (e-filing) for the online filing of an international application directly with the International Bureau of WIPO.

The electronic filing system has a number of advantages over filing a paper application, such as: faster delivery of the application, lower fees when the application contains many reproductions of the industrial designs to be registered, since reproductions submitted on paper are subject to a fee for each page beyond the first, automatic checking of much of the information provided, reducing the likelihood of irregularities e-filing application also must have all the details of the created design and the creator like name, address, phone number, e-mail, designation, indication as to contracting party, identity of the creator and specimens of the design same like the paper form applications.

Every attachments and reproduction accompanying the international application like power of attorney, model should be in the image formats by scanning the original reproduction not exceeding 2 MB capacity. The same portal offers e-payment and e-renewal options for online payment of fees as notified by WIPO with regard to the international application and the renewal of international design registration, by using credit card or by a current account created with the WIPO.

Examination:

Once filed, the application will be examined by the International Bureau of WIPO for formal requirements, with the applicant being given the opportunity to make corrections. When all formalities have been met, the application will get recorded in the International Register and published electronically in the International Designs Bulletin
 of WIPO.

This publication takes place on WIPO’s website and contains all the relevant data concerning the international registration, including a reproduction of the industrial designs. The date on which each issue of the Bulletin is made available on the internet will be communicated electronically by the International Bureau to the office of each contracting party.

Upon publication of the International Designs Bulletin on the internet, substantive examination must be conducted by each contracting party’s office, if it was provided for by its own legislation. As a result of that examination, the Office may notify to the International Bureau a refusal of protection for its territory. 

However, an international registration may not be refused on grounds of non-compliance with formal requirements, since such requirements must be considered satisfied following the examination carried out by the International Bureau.

Such refusal must be notified to the International Bureau within six months from the date of publication on WIPO’s website. The same can be done within twelve months from the date of publication in case of the international applications filed under the Geneva Act.

The holder cannot get protection in the country which refused the registration and he can file an appeal against the refusal of protection before the competent authorities within the time limits and in accordance with the legislations of the contracting party which refuse the registration. The International Bureau will not involve in this procedure.

Grant of protection and the Term of protection:

The Office of a contracting party, if satisfied on substantive examination, can send to the International Bureau a statement to the effect that protection is granted to the industrial designs that are the subject of the international registration in the contracting Party concerned.

In every contracting party that does not issue such a refusal, the international registration takes effect and provides the same protection as if the design(s) had been registered under the domestic law of that contracting party. The International registration shall be effected for an initial period of five years and may be renewed for one or more additional terms of five years in accordance with the procedures and after payment of fees.

The maximum duration of protection in each designated contracting party corresponds to the maximum duration provided for by the domestic laws of that contracting party. In Europe, Community Designs provide for rights within the European community that can extend for up to 25 years, subject to payment of renewal fees every five years. The Renewals are handled centrally by the International Bureau.

The applicant must pay the renewal fee and notify the International Bureau the countries for which his registration is to be renewed. The International Bureau itself will send an unofficial notice to both the holder and his representative about the renewal of registration, six months before the expiry of a five year term of protection.

The WIPO is conducting programs, at frequent time gap, on the working of the International Registration of Industrial Designs. Recently in March 30, 2011 a Seminar on the Hague System for the International Registration of Industrial Designs was organized by the WIPO.

It was discussed in the seminar the advantages of the Hague system from the user’s point of view, the management of the international registration and the general overview of the Hague system. It was further observed in the seminar that the system of international registration of industrial designs arose from a need for simplicity and economy. In effect, it enables design owners originating from a Contracting Party to obtain protection for their designs with a minimum of formality and expense.

Locarno Agreement – International classification for Industrial Designs:
 

The Locarno Agreement spells out how industrial designs are classified and protected around the world. The agreement was finalized in 1968 and amended on 1979, but is still being ratified. The Locarno classification gives and international classification system for industrial designs which established in accordance with the agreement of 1968. It classifies Industrial design thirty two classes and two hundred and nineteen subclasses based on goods or products in an alphabetical order in which industrial designs are incorporated.

Product classes covered in the Locarno Agreement include foodstuffs, which are further broken down into such items as baked goods, meat and produce; brush ware, which is further broken down into items such as paint and tooth brushes and brushing machines; and building and construction elements etc.

In total there are 7,024 indications of different kinds of goods which have been classified and, for searching purposes; these are provided in a purely alphabetical list as well as alphabetically within each subclass. In order to keep the Locarno Classification up to date, it is continuously revised and a new edition is published every five years. The current (ninth) edition has been in force since January 1, 2009.

The revision is carried out by a Committee of Experts set under the Locarno Agreement. All States party to the Agreement are members of the Committee of Experts. At present 49 states were party to the Agreement and they have to adopt and apply the Locarno classification for industrial designs. International classification based upon Locarno classification had been adopted by India, in which the classification is based on articles.

Like India, many other countries follow the International Classification for industrial designs, based on the Locarno Agreement. It is important to remember that the Locarno Classification is solely an administrative tool and does not bind the member States with regards to the nature of protection afforded by a design so classified. The use of the Locarno Classification as a single international classification system adopted by several Industrial Design Offices facilitates design searching in a number of different territories.

It can also negate the need for re-classification when related designs are filed in more than one member state. Moreover, as the Locarno Classification system is product-based it is relatively easy to expand it to include new products by adding new classes, sub-classes or product descriptions, as required. Furthermore, since design protection is limited in time, old designs will not remain in force for long and therefore product trends and commercial conflict scan be relatively easily tracked.

Convenient Assessment:
For a convenient reference to assess the evolution of the Design laws in India the researcher has placed below the data which portrays the gradual development of design laws in India:

Year Developments

1872 The Patents and Designs Act was passed. The first Indian legislation to protect industrial designs.

1888 The Inventions and Designs Act replaced the 1872 Act

1911 The Patents and Designs Act amended and consolidated the law relating to inventions and industrial designs.

Based on the UK Patents and Designs Act of 1907. Patent administration came under the Controller.

1912 The Patents and Designs Act, 1911 came into force on 1st January

1930 Amendments to the 1911 Act. Eligibility criteria for design registration changed from new and original design to new or original design.

1970 The Patents Act passed by the Parliament. Provisions relating to Patents deleted from the 1911 Act. The short title of the Act changed to The Designs Act, 1911

1972 20th April: The Patents Act notified by the Central Government and became operational.

2000 The Designs Act passed by the Parliament. The Act of 1911 repealed. Came into force on 25th May

2001 11th May: The Designs Act came into force. Designs Rules 2001 notified by Department of Industrial Policy, Ministry of Commerce and Industry.

2007 8th February: National Design Policy adopted. Among other things aims at promotion of Indian design through a well-defined and managed regulatory, promotional, and institutional framework. Action plan for implementation of the policy was also adopted.

2009 2nd March: The Central Government constituted the India Design Council. The Council is intended to act as the national strategic body for multi-disciplinary design and to get involved in promotion of design with the ultimate vision to make Indian Industry a design enabled industry

2008 Designs (Amendments) Rules, 2008 notified

2011 Manual of Designs Practice and Procedure published by the Office of the Controller General of Patents, Designs, and Trade Marks.

Conclusion:

The Industrial Design registration helps in safeguarding the ornamental or aesthetic elements of the article and it gives exclusionary rights to the holder or proprietor of the registered designs against unauthorized use like replicating or copying by a person without his consent.

The protection to the industrial designs helps the economic development, which promote creativity in the industrial arena. From the above discussion it is clear that The Hague system for international registration of designs provides maximum advantages and benefits to the international merchandisers to acquire registration and get protection within the contracting states through a single application.

It makes the procedure simple and efficient in registering and getting protection for the designs created by an individual at the international level. However, India is not a member to the Hague system of international registration of design, it gives wider protection to the industrial designs under the designs act of 2000.

But it will be better to have international protection in India to make the protection available in all the contracting parties to the Hague system and to provide much protection to the international traders in India.

References
Books:

Brian W. Gary and Effie Bouzalas(ed.), Industrial Design Rights: An InternationalPerspective (Kluwer Law International Ltd, London, 2001).

Christine Fellner, Industrial Design Law (Sweet & Maxwell, London, 1995).

W Cornish, D LLewelyn and et.al., Intellectual Property: Patents, Copyright,Trademarks and Allied Rights (Sweet & Maxwell. London. 7 th ed, 2010).

Articles:
 
B.M.Mohapatra, “Registration of Industrial Designs,” 51 The Journal of the Patent officeTechnical Society 27 (1969).

M.Sakthivel, “Hague System- International Registration of Industrial Design: AnOverview”, 3 Manupatra Intellectual Property Reports F41 (2009)

Pranjal Shirwaikar, “Fashion copying and Design of the Law”, 14 Journal of intellectualProperty Rights 113 (2009).

Reshma Abraham, “A Comparative Analysis of the Designs Act 1911 and the DesignsAct 2000”, available at: https://www.legalserviceindia.com/article/l269-Designs-Act-1911-&-the-Designs-Act-2000.html (visited on March 21, 2011)

Web Resources:
•https://www.ehow.com
•https://www.imtma.in
•https://www.ipo.gov.uk 
•https://www.legalserviceindia.com
•https://www.wipo.int

Zaid Imam is a student of NUSRL, Ranchi. He writes regularly for The Avenue Mail. He may be contacted at zaidimam08@gmail.com

Zaid Imam

Related Articles

Back to Top

Copyright © 2013 The Avenue Mail. All Rights Reserved. Online edition of The Avenue Mail published by Vimal Agarwal. Editor: Vimal Agrawal. Telephone: +91 657 2442826.
%d bloggers like this: