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Gopal Glass Works Ltd. Vs. Assistant Controller of Patents and Designs ...

Court : Kolkata

Reported in : (2007)1CALLT290(HC),2006(3)CHN188,2006(33)PTC434(Cal)

..... in enacting the designs act, 2000, hereinafter referred to as the 2000 act, which has repealed the designs act, 1911, earlier in force, parliament has consciously made changes in the law, pertaining to the registration of designs, some of which are relevant to the questions involved in this appeal.24. ..... section 51a of the designs act, 1911 which more or less corresponds to section 19 of the 2000 act provided as follows:51a. ..... there was no provision in the designs act, 1911 corresponding to section 4 of the 2000 act which expressly prohibited the registration of any design. ..... therefore, i am of the opinion that the impugned design is not new or original and published prior to the date of registration.....i am of the opinion that since there is no specific definition of publication given in the designs act, 2000, any document, which is freely made available to the public or it is shown or disclosed to the member of public, it is treated as publication. ..... 1 has apparently not considered the definition of 'original' in section 2(g) of the 2000 act. .....

Microforms Inc Vs. Girdhar and Co. and ors.

Court : Delhi

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

..... the defendants contended that the legislative intent behind the repealed designs act, 1911 and coming into force of the new designs act, 2000 remained the same and the exclusion of 'artistic work' in the definition in the new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 such as paintings, sculptures and works of art.54. ..... in view of the aforesaid, it was contended that if the definition of 'design' is seen under section 2(d) of the designs act, 2000 or under section 2(5) of the designs act, 1911, in a 'design', the features are merely ornamental (i.e. ..... thereforee, it would follow from 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. ..... in terms of section 48 of this act, the designs act, 1911 was repealed. ..... 2002 (25) ptc 327 (del) has considered the effect of section 2(c) of the copyright act and section 11 of the designs act to come to the conclusion that industrial drawings and designs in which copyright was claimed were for purposes of manufacturing of filter related machines or components and as such clearly fell within the meaning of 'design' as defined in the designs act of 2000 and since the alleged designs had not been registered under the designs act, the plaintiff in the suit could not claim any copyright therein. .....

Girdhari Lal Gupta Vs. K. Gian Chand JaIn and Co., Delhi-6

Court : Delhi

Reported in : AIR1978Delhi146; 14(1978)DLT132

..... of the patents and designs act, 1911, a high court could dismiss a petition presented to it under the repealed s. ..... 34, the high court to which a petition has been presented under the repealed section 26 may stay proceedings or dismiss the petition if in its opinion the petition would be disposed of more justly or conveniently by another high ..... or an order in a petition under the repealed section 26 are sent to the controller, who shall cause an entry thereof and reference thereto to be made in the register al patents under the repealed section 33. ..... (d) similarly, under the repealed section 28 a high court could direct that an issue be tried before itself or any other high court or any district ..... the 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 ..... though, there was only one patent & designs office in india from 1911 to 1970, the definition of 'high court' was never confined to one particular ..... 's writtenstatement in both the cases with a view to take the plea that the high court of delhi has no jurisdiction to entertain the applications of the respondents for the cancellation of the appellant's registration under section 51-a of the act and that the jurisdiction for granting such a relief is only in the high court at calcutta. ..... section 2(a)(ii) of the said act enacts the residuary definition as follows: 'in relation to any other industrial dispute, the state .....

Lucasfilm Limited and Others (Appellants) Vs. Ainsworth and Another (R ...

Court : UK Supreme Court

..... the patents and designs act 1919 amended the 1907 act by substituting for the definition in section 93 of the 1907 act a new definition of "design" which referred to features applied "by any industrial process" and did not make an express exception for a design for a sculpture. ..... section 22 of the 1911 act provided as follows: "(1) this act shall not apply to designs capable of being registered under the patents and designs act 1907, except designs which, though capable of being so registered, are not used or intended to be used as models or patterns to be multiplied by any industrial process. ..... the law as to registered designs was amended by the copyright of designs act 1850, was further amended and consolidated by part iii of the patents, designs and trade marks act 1883 ("the 1883 act") and finally (as regards legislation before the 1911 act) was further amended by the patents and designs act 1907 ("the 1907 act"). ..... those were the essential features of the scheme introduced by the copyright of designs act 1839, repealed and replaced by the designs act 1842. ..... architectural works were not protected until the 1911 act (which also introduced works of "artistic craftsmanship" into the definition of "artistic work" in section 35 of that act). 17. ..... the 1911 act was repealed by the copyright act 1956 ("the 1956 act"). .....

Samsonite Corporation Vs. Vijay Sales

Court : Delhi

Reported in : 73(1998)DLT732

..... 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 ..... 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 ..... section 15 of the copyright act, 1957 reads as under :-'special provision regarding copyright in designs registered or capable of being registered under the designs act, 1911 ..... 'a slight modification was made in the definition in the patents and designs act 1907 :'`design' means any design (not being a design for a sculpture or other thing within the protection of the sculpture copyright act 1814) applicable to any article, whether the design is applicable for the pattern, or for the shape or configuration, or for the ornament thereof, or for any two or more of such purposes, and by whatever means it is applicable, whether by printing, paining, ..... act, 1914 but that stood repealed by copyright act .....

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

Court : Delhi

Reported in : 2007(35)PTC285(Del)

..... . in the present case, the configuration was made only with the object of putting it to industrial/commercial use.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 ..... . 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 license, by any other person.37 ..... . copyright shall not subsist under this act in any design which is registered under the designs act, 1911(2 of 1911).2 ..... . in the designs act of 1911, class 13 and 14 of the fourth schedule of the rules dealt with printed or woven designs of textile goods other than checks and stripes and checks and stripes respectively ..... . thus, the intention of the legislature has 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 ..... . insofar as the industrial 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 .....

Mattel, Inc. and ors. Vs. Mr. Jayant Agarwalla and ors.

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 owner of the copyright or ..... as far as 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 different nature ..... not also in dispute that 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 checks and stripes and checks and ..... 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 ..... the industrial 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. .....

United States Vs. Sixty-seven Packages of Dry Goods

Court : US Supreme Court

..... on the trial, after evidence was given on the part of the libellants tending to prove the facts charged in the information, the court charged the jury that the 66th section of the duty act of 1799 was repealed by force of subsequent statutes, and that at present there was no law in existence providing for a forfeiture of the goods for the causes set forth in the libel. ..... now the 66th section of the act of 1799, dealing with this document, forfeits the goods of the party entered at the custom house, "if not invoiced according to the actual cost thereof at the place of exportation, with a design to evade the duties. ..... the 66th section of the act of 1799, so far as it is material in the case, is as follows: "that if any goods wares, or merchandise, of which entry shall have been made in the office of a collector shall not be invoiced according to the actual cost thereof at the place of exportation, with design to evade the duties thereupon, or any part thereof, all such goods &c. ..... this provision is modified by the 21st section of the act of 1842, which saves the forfeiture if the appraisers shall be of opinion that the omission in the invoice was not with a fraudulent design. ..... 22, which declares that "if any goods, wares, or merchandise, of which entry shall have been made in the office of a collector, shall not be invoiced according to the actual cost thereof, at the place of exportation, with design to evade the duties thereupon or any part thereof, all such goods &c. .....

Micolube India Limited Vs. Rakesh Kumar Trading as Saurabh Industries ...

Court : Delhi

..... it is true that the definition of mark under section 2 (1) (m) of the trade marks act, 1999 provides shape of the goods as marks, however, it is equally to be looked into that designs act of 2000 under section 2(d) while defining design expressly excludes the trademark within the meaning of section 2(1) (v) of trade and merchandise marks act, 1958 which after the repeal shall be corresponding definition of trade marks act 1999. ..... consequently, the patents & designs act, 1911 was repealed and the designs act, 2000 was enacted, to make the designs law in india trips compliant. ..... 384/2008 page no.25 of 94 the patents act, 1970 repealed the provisions of the patents and designs act, 1911, so far as they related to patents. ..... the statement of objects and reasons of the designs act, 2000 also supports the same view by reading as under:the statement of objects and reasons of the designs act, 2000 reads as follows: "since the enactment of the designs act, 1911 considerable progress has been made in the field of science and technology. ..... the definition of design in the designs act, 2000 is more or less the same as that of the 1911 act. ..... this is also clear from the view which was taken by the learned single judge of this court under the old act which is designs act, 1911 when the powers to hear cancellation as well as the suit used to vested in the high court itself. .....

Faber-castell Aktiengesellschaf(Sic), a Company Organised Under the La ...

Court : Mumbai

Reported in : 2003(4)ALLMR139; 2003(6)BomCR65; 2003(4)MhLj264; 2003(27)PTC538(Bom); [2003]45SCL362(Bom)

..... of the complete specification is not nw, having regard to what was publicly known or publicly used in india before the priority date of the claim or to what was published in india or elsewhere in any of the documents referred to in section 13;provided that in relation to patents granted under the indian patents and designs act, 1911 (2 of 1911), this clause shall have effect as if the words 'or elsewhere' has been omitted;'in contrast, that is not done in this case ..... the provisions contained in the general clauses act, 1897 (10 of 1897) with respect to repeals, any notification, rule, order, requirement, registration, certificate, notice design, determination, direction, approval, authorisation, consent, application, request or thing made, issued, given or done under the designs act, 1911 (2 of 1911), shall, in force at the commencement of this act, continue to be in force and have effect as if made, issued, given or done under the corresponding provisions of this act ..... exact definition reads as follows:-'(5) '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 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 .....