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IPR-design Piracy

This document discusses national and international laws relating to piracy of designs. It outlines the essentials of a registrable design under Indian law, including novelty, prior publication and obscenity. It also discusses piracy of designs, available civil and criminal remedies, and protection of industrial designs under the TRIPS Agreement.

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17093 SUBIYAH HAFEEZ SIDDIQUI
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122 views7 pages

IPR-design Piracy

This document discusses national and international laws relating to piracy of designs. It outlines the essentials of a registrable design under Indian law, including novelty, prior publication and obscenity. It also discusses piracy of designs, available civil and criminal remedies, and protection of industrial designs under the TRIPS Agreement.

Uploaded by

17093 SUBIYAH HAFEEZ SIDDIQUI
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PPTX, PDF, TXT or read online on Scribd
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Laws relating to

piracy of designs:
National and
International Laws
Submitted by: Subiyah Hafeez Siddiqui
Roll. No.: 17093 (Group- 18)
INTRODUCTION
“Design” means only the features of shape, configuration, pattern, ornament or
composition of lines or colours applied to any article whether in two dimensional or
three dimensional or in both forms, 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;
It does not include:
• any mode or principle of construction or anything which is in substance a mere mechanical
device,
• any trade mark as defined in the Trade and Merchandise Marks Act, 1958 or any artistic
work as defined of the Copyright Act, 1957.
2
NO PRIOR SHOULD NOT BE
NOVELTY
PUBLICATON OBSCENE
-“original”, in
-Section 4(b) of -The design must be
relation to a design,
the Act prohibits capable of being
means originating
the registration of registered under s. 5
from the author of
a design that has of this act. The
such design and
been published to design which can
includes the cases
the public cause a breach of
which though old in
ESSENTIALS themselves yet are anywhere in India peace and may hurt
or in any other the sentiments of the
new in their
country. people may not be
application.
allowed to get
-Steelbird Hi-tech -Khadim Shoe
register.
India Ltd v. SPS Pvt. Ltd v. Bata
Gambhir India Ltd.
-Crocs Inc. USA v.
Liberty Shoes Ltd.
Piracy of a design means the application of a design or its imitation
to any article belonging to the class of articles in which the design
has been registered for the purpose of sale or importation of such
articles without the creator’s consent.

PIRACY Infringement includes- S 22:

OF • Applying for the purposes of sale the design or any fraudulent


imitation of it to any article in any class of articles in which the
DESIGN design is registered.
• Importing for sale any article to which the design or fraudulent
or obvious imitation of it, has been applied.
• Publishing for sale knowing that the design or any fraudulent or
obvious imitation of it has been applied to it

4
CIVIL SUIT FINE

-The proprietor can elect to -Section 22(2) (a) enforces

bring a suit for recovery of the infringer to pay a sum

the damages, and for an not exceeding Rs.25, 000

injunction against for every contravention

infringement, as under recoverable as a contract


REMEDIES Section 22(2) (b). debt to the registered
proprietor.
-The infringer is liable to
pay such amount as
awarded by the court and is
restricted by injunction
respectively.
5
According to Article 25.1- It is available for designs that are
new or original and independently created.
INTERNATIONAL Article 26.1- The owner of a protected industrial design
LAW- must have the right to prevent third parties not having the
owner's consent from making, selling or importing articles
TRIPS bearing or embodying a design which is a copy, or
AGREEMENT substantially a copy, of the protected design, when such acts
are undertaken for commercial purposes.
Article 26.3- the duration of protection available shall
amount to at least 10 years.

6
THANK YOU!

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