Industrial design in India

Shwetasree Majumder and Eva Bishwal

Chapter 6 in Design Law, 2024, pp 209-233 from Edward Elgar Publishing

Abstract: Indian Designs Law sits at the cusp of multiple IP statutes - from excluding trademark and copyright subject matter in the definition of designs, to the adaptation of a ‘patent-lite’ threshold of examination, the nuances of the law have recently been extensively litigated. As there is no unregistered design right available, the surface pattern and ornamentation on articles (not parts thereof) made by industrial application, are registrable in India. The Indian legislature strove to separate art for the sake of art (protected under copyright law) and art for the sake of commerce (protected under design law). This emerges from a unique provision under Indian copyright law, which provides that that if an unregistered design also qualifies for copyright protection, it loses such cover if reproduced more than 50 times. Design piracy can be redressed through injunctions and damages, while assignments must be recorded within six months in India.

Keywords: Law - Academic; Law - Professional (search for similar items in EconPapers)
Date: 2024
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