Introduction Overlapping protection in Intellectual Property Rights (IPR) refers to situations where multiple types of IPRs, such as patents, trademarks, and copyrights, can protect different aspects of the same product or idea. This protection ensures that creators...
Introduction In any design infringement case, evidence plays a central role in determining the outcome. Whether it’s a claim of design infringement or a defense against such a claim, the strength of the evidence presented can significantly influence the decision. The...
Introduction In any legal or intellectual property-related dispute, especially in the context of designs, documentation plays a pivotal role in proving the claims of the involved parties. Whether it’s a design infringement case, an ownership dispute, or a licensing...
Introduction The change of ownership of a registered design refers to the transfer of rights from one party (the original design owner) to another (the new owner). This can occur through various means, such as assignment, sale, inheritance, or business restructuring....
Introduction Design commercialization plays a significant role in transforming a design from a creative concept into a profitable product. One of the primary methods of commercializing a registered design is through licensing. Licensing allows the design owner to...
Introduction The Controller of Designs, under the Designs Act, 2000, holds discretionary powers during the examination process of design applications. These powers enable the Controller to assess and decide whether a design meets the necessary legal criteria for...
Introduction The date of registration of a design is a crucial milestone in the design registration process under the Designs Act, 2000 in India. This date marks the official recognition of a design and establishes the exclusive rights of the design owner over the...
Introduction Post-registration enforcement of design rights is a critical aspect of protecting and utilizing a registered design under the Designs Act, 2000 in India. Once a design is registered, the design owner gains exclusive rights to use, manufacture, and sell...
Introduction In the context of design registration under the Designs Act, 2000 in India, the requirement to disclose the country of first filing is crucial for establishing the priority date of the design. The country of first filing refers to the country where the...
Introduction Amending a design application may be necessary if there are errors or changes in the design details after the application has been filed. Under the Designs Act, 2000 in India, the design application can be amended to correct mistakes, update the design's...