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Glaxo Smithkline Consumer Healthcare Gmbh and Co. Kg and anr. Vs. Anch ...

Court : Delhi

Subject : Intellectual Property Rights

Acts : Designs Act, 2000 - Sections 4, 19 and 19(1); Code of Civil Procedure (CPC) , 1908 - Order 39, Rules 1, 2 and 4

Reported in : 2004(29)PTC72(Del)

the plaintiff suffers or not from any of the vices enumerated in Sections 4 and 19 of the Designs Act, 2000. It is also to be seen as to whether the aforesaid design is a 'new design' and the … the defendant has failed to even prima facie establish that it is hit by the defenses available under Sections 4 and 19 of the Act.10. Learned counsel for the plaintiffs has also argued that in case there

Reckitt Benckiser (India) Ltd. Vs. Wyeth Limited

Court : Delhi

Subject : Intellectual Property Rights

Acts : Designs Act, 2000 - Sections 2, 3, 4, 7, 10, 17, 19, 19(1), 22, 22(1), 22(2), 22(3), 26 and 44; Copyright Act, 1957; Evidence Act, 1872 - Sections 65; Copyright, Designs and Patents Act, 1988; Registered Designs Act, 1949 - Sections 5 and 5(2); Code of Civil Procedure (CPC) - Order 39, Rules 1, 2 and 4; Designs Rules, 2001 - Rules 22 and 27

Reported in : 162(2009)DLT298; 2009(41)PTC24(Del)

in favour of the plaintiff is liable to be cancelled under the provisions of Section 19 of the Designs Act, 2000 (hereinafter referred to as the 'said Act'). According to the defendant, the plaintiff's said design registration was liable … new or original. The design was not registrable under the said Act inasmuch as it was prohibited under Section 4 thereof. According to the defendant, the impugned design registration No. 193988 had been obtained by the plaintiff by

Rotela Auto Components (P) Ltd. and anr. Vs. Jaspal Singh and ors.

Court : Delhi

Subject : Intellectual Property Rights

Acts : Designs Act, 2000 - Sections 4, 9, 10(4), 19, 22, 22(2), 22(3) and 38; Designs Act, 1911 - Sections 51A and 53; Patents Act - Sections 64 and 107

Reported in : 95(2002)DLT830

that plaintiffs are manufacturing unique and distinctive locks since the period of its registration under the provisions of Designs Act, 2000. Some of the salient features of the plaintiffs Top Open Locks are as under:-a) Top View: (i) It … is a prima facie evidence in favor of confirming the injunction and that would be the effect of Sub-section 4 of Section 10 read with Section 38 of the Designs Act with regard to evidential value of such

Astral Polytechnik Limited Represented by Its Chief Finance Officer Vs ...

Court : Karnataka

Subject : Intellectual Property Rights

Acts : Indian Designs Act, 2000 - Sections 19, 19(1), 19(2), 22, 22(1), 22(2), 22(3) and 22(4)

Reported in : ILR2008KAR2533; 2009(3)KarLJ623; 2008(3)KCCR1957; 2008(5)AIRKarR198; AIR2008NOC2538

defendant in OS 27080/2007 challenging the order passed on an interlocutory application under Section 22(4) of the Indian Designs Act, 2000 wherein the trial court has refused to transfer the suit to the High Court.2. For the purpose of

Bharat Glass Tube Limited Vs. Gopal Glass Works Limited

Court : Supreme Court of India

Subject : Intellectual Property Rights

Acts : Designs Act, 2000 - Sections 1, 1(3), 2, 3, 4, 5, 6, 7, 9, 10, 11, 11(2), 12, 17, 18, 19, 22, 32, 36, 37, 44 and 51; Designs Act, 1911 - Sections 51A; Trade and Merchandise Marks Act, 1958 - Sections 2 and 2(1); Indian Penal Code (IPC), 1860 - Sections 479; Copyright Act, 1957 - Sections 2; Registered Designs Act, 1949; Designs Rules, 2001 - Rules 11 and 29

Reported in : AIR2008SC2520; LC2008(2)173; (2008)5MLJ939(SC); 2008(37)PTC1(SC); 2008(8)SCALE4; (2008)10SCC657; 2008AIRSCW3509; 2008AIRSC2520; [2008] 7 SCR 397

up and colour shades and the same were registered and/or were awaiting registration as industrial designs under the Designs Act, 2000 (hereinafter to be referred to as the Act of 2000) and the Rules framed thereunder. For production of … original proprietor upon any other person, includes that other person.Section 3 deals with the Controller and other officers. Section 4 deals with the prohibition of registration of certain designs which has relevant bearing on our case. It reads

Dart Industries Inc. and anr. Vs. Techno Plast and ors.

Court : Delhi

Subject : Intellectual Property Rights

Acts : Designs Act, 2000 - Sections 2, 4, 11, 18, 19, 20, 22, 22(2)(3), 22(3) and 29; Copyright Act, 1957 - Sections 2, 13, 14, 15, 17, 45, 51, 53 and 55; Designs Rules, 2001; Designs Act, 1911; Patent Act; Code of Civil Procedure (CPC) - Order 39, Rules 1 and 2

Reported in : 2007(35)PTC285(Del)

this case who have filed this suit for permanent injunction against the defendants under Section 22 of the Designs Act, 2000 read with Section 55 of the Copyright Act, 1957. The plaintiff No. 1 is a company incorporated under … such design and includes the cases which though old in themselves yet are new in their application.According to Section 4 of the Design Act, 2000, a design which has been disclosed to the public anywhere in India or

Metco Polymers Pvt. Limited and Vs. Madhu Inflatables Pvt. Limited and

Court : Chennai

Subject : Intellectual Property Rights

Acts : Designs Act, 2000 - Sections 2, 4, 5, 6, 9, 19, 22, 22(2) and 22(3); Code of Civil Procedure (CPC) - Sections 115

Reported in : (2005)4MLJ294

C.S.No.638 of 2003. 2. The said suit was filed by the present appellants under Section 22 of the Designs Act, 2000 (hereinafter referred to as 'the Act') for permanent injunction restraining the defendants from in any manner infringing upon … that even though the plaintiffs' products and the defendants' products were almost similar in design and since under Section 4 of the Designs Act there is a prohibition of registration of a design which is not new or

M/s. Selvel Industries and Another Vs. M/s. Om Plast (India)

Court : Mumbai

Subject : MRTP

in this Notice of Motion for interim relief in an action in infringement and passing off under the Designs Act, 2000, is whether the Defendant s product infringes the Plaintiffs registered design. 4. I must state straight away that, … the register of designs. 25. Dr. Saraf is correct in saying that Sections 4 and 19 are counterparts. Section 4 speaks of a design that may not be registered. Leaving aside the fourth element in Section 4, the

Metal Impacts Pvt. Ltd., Represented by Its Representative Senior Sale ...

Court : Karnataka

Subject : Civil

Acts : Code Of Civil Procedure (CPC), 1908 - Order 7 Rule 1, Order 7 Rule 2; Designs Act 2000 - Sections 22, 19(1), 2, 4; Companies Act, 1956; Designs Act, 1999

Reported in : 2012(2)KCCR853; 2012(3)CTC(IP)15

(Prayer: This plaint filed under order VII Rule 1 and 2 of CPC r/w Section 22 of Designs Act 2000 before the Additional City Civil Judge, Mayohall Unit, Bangalore, registered as Original Suit No.15349 of 2006 and transferred … the registered design is liable to be cancelled in view of the prohibitory provisions as laid down under Section 4 of the Act to the effect that the said design is not new or original; and/or it has

Microforms Inc Vs. Girdhar and Co. and ors.

Court : Delhi

Subject : Intellectual Property Rights

Acts : Copyright Act, 1957 - Sections 2, 13(1), 14, 15, 15(2), 40, 48 and 51; ;Designs Act, 2000 - Sections 2 and 2(5); Designs Act, 1911; ;Trade and Merchandise Marks Act, 1958 - Sections 2 and 2(1); ;Patents Act; ;Indian Penal Code (IPC), 1860 - Sections 479; ;Copyright Act, 1957 - Sections 15

Reported in : 128(2006)DLT238; 2006(32)PTC157(Del)

that the artistic works are actually designs relating to textile products and come within the scope of the Designs Act, 2000 (hereinafter referred to as the Designs Act, 2000). The plaintiff has failed to apply for registration of designs … The plaintiff has claimed that the artistic work constitutes original artistic work as defined within the meaning of Section 2(c) of the Copyright Act. The plaintiff also claims that it enjoys copyright protection in India as a … copyright protection in India as a consequence of the provisions of Section 40 of the Copyright Act and the Berne Convention, Universal Copyright Convention read