Court : Delhi
Reported in : 128(2006)DLT238; 2006(32)PTC157(Del)
..... -1) copyright shall not subsist under this act in any design which is registered under the designs act, 1911 (2 of 1911)2) copyright in any design, which is capable of being registered under the designs act, 1911 (2 of 1911), but which has not been so registered, shall cease as soon as any article to which the design has been applied has been reproduced more than fifty times by an industrial process by the owner of the copyright, or, ..... the section provides that copyright subsists under the copyright act in any design, which is registered under the designs act, 1911 and in case a design is capable of being registered under the designs act, 1911, the copyright shall cease as long as any article to which the design has been applied has been reproduced more than 50 times by an industrial process by ..... for registration of designs in india under the provisions of the said act or the predecessor act being the designs act, 1911 (hereinafter referred to as the designs act, 1911) the plaintiff having failed to complete the requisite formalities under either of the two designs acts, is alleged to be now seeking to claim protection under the copyright act, which is ..... the defendants contended that the legislative intent behind the repealed designs act, 1911 and coming into force of the new designs act, 2000 remained the same and the exclusion of 'artistic work' in the definition in the new designs act, 2000 is only clarificatory and was intended to exclude only artistic work pure and simple .....
Tag this Judgment!Court : Delhi
Reported in : 73(1998)DLT732
..... basis of the provisions of these two acts by the learned counsel for the defendants is that the drawings relied upon by the plaintiffs are designs within the meaning of designs act, 1911 and by virtue of section 15 of the copyright act, 1957 the plaintiffs cannot claim any copyright ..... (2) copyright in any design, which is capable of being registered under the designs act, 1911 (2 of 1911) but which has not been so registered, shall cease as soon as any article to which the design has been applied has been reproduced more than fifty times by an industrial process by the owner of the copyright, or, with his ..... (2) copyright in any design, which is capable of being registered under the designs act, 1911 (2 of 1911) but which has not been so registered, shall cease as soon as any article to which the design has been applied has been reproduced more than fifty times by an industrial process by the owner of the copyright, or, with his licence ..... the argument on behalf of the plaintiffs that it is clearly a design coming within the meaning of the definition of design, under the designs act, 1911 and coming within the meaning of section 15 of the copyright act, 1957. ..... section 2(5) of the designs act, 1911 gives the definition of design, which reads as under :''design' means only the features of shape, configuration, pattern or ornament applied to any article by any industrial process or means, whether manual, mechanical or chemical, separate or combined, which in the finished article appeal .....
Tag this Judgment!Court : Delhi
Reported in : AIR1978Delhi146; 14(1978)DLT132
..... to clarify the understanding of the provisions of the existing designs act, 1911 (as amended from time to time), it may be stated that originally there was a patents and designs act, 1911. ..... 2 (7) of the patents & designs act of 1911, as originally enacted and published in the gazette of india of march 4, 1911, part iv page 5, was as follows:-''high court, has the meaning assigned to that expression by the cr. p. c ..... similarly, the word 'patents' was deleted from the title of the act of 1911, which thereafter became the designs act of 1911. ..... by this amendment part i of the original patents & designs act, 1911 relating to patents and containing ss. ..... 34 of the patents and designs act, 1911, a high court could dismiss a petition presented to it under the repealed ..... 26 of the original patents & designs act, 1911, a petition for revocation of a patent could be made before 'a high court', meaning any high court as defined in s. ..... 51-a of the designs act, 1911 (as amended) (hereinafter referred to as the act), have been referred to the full bench for a fuller consideration of this important question of jurisdiction than it received in the order of the learned single judge under appeal or in the judicial decisions relied upon and followed by ..... ii of the old act of 1911 has been retained to deal with designs only. ..... first thing to consider is the definition of 'high court' in 1911 when there was only one combined patent and designs office under the act, which happened to be established in calcutta. .....
Tag this Judgment!Court : Delhi
Reported in : AIR2009Delhi44; 2009BusLR280(Del); LC2009(1)252
..... as mentioned earlier, under section 15(2) of the copyright act, in case the copyright in any design which is capable of being registered under the designs act, 1911 but which has not been so registered, shall cease to exist as soon as any article to which the design has been applied has been reproduced more than 50 times by an industrial process. ..... section 15(2) of the copyright act is applicable to the copyright in any design capable of being registered under designs act, 1911 but has not been registered and the copyright in the said design cease to exist as soon as any article to which the design has been applied has been reproduced more than 50 times by an industrial process.14. ..... there is no specific denial by the defendant in the written statement filed by him except in para 3 where it is urged that the work in question is not covered under section 2(c)(iii) of the copyright act and the said fabric are designs which are registered under the designs act, 1911 or under the new designs act of 2000.20. ..... the definition of 'design' in the designs act, 1911 is different from the definition of 'design' in the designs act, 2000. ..... (2) copyright in any design, which is capable of being registered under the [***] designs act, 1911 (2 of 1911), but which has not been so registered, shall cease as soon as any article to which the design has been applied has been reproduced more than fifty times by an industrial process by the owner of the copyright or, with his licence, by any other person.13 .....
Tag this Judgment!Court : Delhi
Reported in : ILR1973Delhi177
..... , america lock company also applied under the indian patents and designs act, 1911, for the registration of 'he design of a somewhat similar horse-shoe cycle lock for locking bicycles. ..... (2) on 22nd november, 1966, the america lock company instituted a petition under section 51-a of the indian patents and designs act, 1911, for the cancellation of the design registered in favor of the western engineering company. ..... in addition, the defendants claimed that they had already instituted a petition under section 51-a of the patents and designs act, 1911, for cancellation of the plaintiff's design which was pending in this court. ..... for this purpose, it is now necessary to turn to the rules framed under the indian patents and designs act, 1911; these rules, are the indian patents and designs rules, 1933. ..... in different situations a design may be novel and original even though it is slightly different from the previous design, or it may be only a trading variation which is not novel or original in the sense required by the patents and designs act, 1911. ..... western engineering company having instituted the aforementioned suit, also instituted a further proceeding under section 51-a of the indian patents and designs act, 1911 on 10th july, 1967. ..... (35) on these two points, it is necessary to examine the concept of novelty and originality which is the pre-requisite for a design to be registered under the indian patents and designs act, 1911. .....
Tag this Judgment!Court : Delhi
Reported in : 153(2008)DLT548; LC2008(3)298; 2008(38)PTC416(Del)
..... section 15 of the copyright act mandates that copyright subsists under the copyright act in any design, which is registered under the designs act, 1911 and in respect of designs capable of registration under the designs act, 1911, the copyright shall cease as long as any article to which the design has been applied has been reproduced more than 50 times by an industrial process by the ..... designs are concerned, the protection is provided under the designs act, 2000, which came into force from may, 2001 and repealed the earlier designs act, 1911 ..... there is no registration which has taken place under the designs act, 1911 (or under the designs act, 2000). ..... in the designs act of 1911, classes 13 and 14 of the fourth schedule of the rules dealt with printed or woven designs of textile goods other than ..... the context of the indian law, it is the design act of 1911 or 2000, which would give protection to the plaintiff and not the copyright act. ..... been expressed as one to protect any artistic work which has to be commercially exploited by the owner of the copyright by not providing the protection under the copyright act, but under the earlier the designs act, 1911. ..... the defendants' arguments on the question of the copyright protection in this case, not being available due to provisions of section 15 of the act, and provisions of the designs act are concerned, it would be appropriate to set out the observations in microfibres (supra):in india, we have special legislations governing the protection of .....
Tag this Judgment!Court : Delhi
Reported in : 95(2002)DLT830
..... under the designs act, 1911, section 53 did not have any provision like sub-section (3) of section 22, thereforee, when the full bench of this court was dealing with the provisions of designs act under the act of 1911, it was in that context that the full bench held that if there was no application for cancellation of design made, no defense can be taken based on grounds as available in the grounds for cancellation of registration of a design. ..... singh contended that the provisions of sub-section 3 of section 22 of the designs act, 2000 was incorporated in the year 2000 which was not in existence under section 53 of the designs act, 1911. ..... it was contended by the learned counsel for the plaintiffs that adoption and application of the identical or deceptively similar designs by defendants amounts to an act of piracy within the meaning of section 22 of the designs act, 2000 and the defendants cannot have any justification to adopt the plaintiffs' distinctive designs and cannot be allowed to earn profits in illegal manner. ..... in view of the fact that registration of design is of recent date, the design having been published earlier, the ground of defense as mentioned in section 19 can be taken by the defendants pursuant to sub-section (3) of section 22 of the designs act, 2000, thereforee, no injunction can be granted as there is a serious dispute as to the validity of the design to be tried in the suit. .....
Tag this Judgment!Court : Delhi
Reported in : AIR1978Delhi1; ILR1977Delhi412; 1977RLR440
..... is pleased to order by these presents that the above said petitioner (s) (including his legal representatives) and assigns or any of them shall, subject to the provisions of the indian patents and designs act, 1911, as patentee(s) have the exclusive privilege of making, selling and using the invention throughout india and of authorising others so to do for the term of sixteen years from the 11th day of august ..... . section 12 of the patents and designs act, 1911 sets out that a patent once granted confers on the patentee the exclusive privilege of making, selling and using the invention throughout india and of authorising ..... patents and designs act was first passed in 1911. ..... according to clause (8) of section 2 of the act of 1911 an invention means any process of new manufacture and includes an improvement in ..... . (28) section 20 of the act of 1911 laid down that there will be a register of patents maintained in the patent office wherein shall be entered the names and addresses of grantees of patents, notifications of assignments and of transmissions of patents, of licenses under patents ..... claimed by the plaintiff was granted in 1967, we are really concerned with the act of 1911. ..... in 1970 this act was amended so as to apply only to designs and act 39 of 1970 was passed by the parliament ..... . this court hereby certifies, pursuant to section 151 of the patents act, 1970, that the plaintiff has proved the particulars of breaches and defendants 1 and 2 have failed to prove their claim for .....
Tag this Judgment!Court : Delhi
Reported in : AIR1985Delhi336; 26(1984)DLT355
..... fifthly, it is said that the defendants have made an application on the original side of this court for cancellation of the plaintiffs' design under section 51-a of the designs act, 1911 ('the act') on a variety of grounds and the said application is tending decision. ..... even the patent & designs act, 1883, contained a similar provision in section 33 with regard to patents ..... section 7 of the registered designs act, 1949 gives to the registered proprietor in england 'the exclusive right' of copyright in the registered design. ..... in the english registered designs act, 1949, there is a provision for grant of injunction under section 26 and for cancellation of registration in section 11 of the act. ..... where a person is entered as a proprietor of a registered design, that is under the act no conclusive proof that the plaintiff is the proprietor of the design, but only a prima facie evidence that he is the proprietor ..... (13) i think every ground on which a registered design may be cancelled under the act should be available by way of defense to a suit for infringement ..... act is of 1911. ..... needle, which was decided just after the patents, designs and trade marks act, 1883 where both baggallay, l. j. ..... the indian act is of 1911. ..... argued that so long as there is a registration certificate in plaintiffs' favor and so long as it is not cancelled, the plaintiffs have a statutory right to 'copyright in the design' and by virtue of section 53 of the act a right to restrain every pirate of their registered design. .....
Tag this Judgment!Court : Delhi
Reported in : 2001(60)ECC347
..... filed the present suit for permanent injunction invoking section 53 of the designs act, 1911 besides delivery of infringing material as well as for rendition of accounts ..... been getting the designs of air pumps developed and marketed registered under the provisions of designs act, 1911. ..... the rights of the plaintiff, if ultimately they are established in the suit, at the most the defendant can be required to maintain proper accounts of its sales of the goods under the disputed design till the disposal of the suit and file the copies of the statements of accounts in court quarterly till the disposal of the suit. ..... under section 53 of the designs act was stated to be not ..... alternative it has been pointed that the air pump registered in favor of the defendant is different from the design of the plaintiff's air pumps in various forms and details of the said defense have been enumerated in the ..... situation in that event the proper remedy in any case would be to that the parties should avail their remedies under section 53 of the designs act. ..... it is a different matter that either party may seek cancellation of the design of the other in accordance with law but so long as designs occur and are being held, it would be improper to grant an ad interim injunction ..... that comes up for consideration in the peculiar facts is as to whether plaintiff on the assertions made is entitled to prima facie show that this design has been infringed or in other words is entitled to claim ad interim injunction or not. .....
Tag this Judgment!