Designs & GI
Perspectives on designs and GIs across India and the subcontinent.
21 August 2015
3D Printing and Intellectual Property: Who Owns What
Three separate rights sit in a 3D printed object — a patent in the printer, copyright in the CAD file, and a design in the end product. Working out who to sue when someone prints a replica means knowing which of the three has been taken.
Nikita · 10 July 2015
Good Earth v. India Circus: Passing Off Designs, and 'New in Application'
When a former Good Earth designer sold its motifs under his own brand, the Delhi High Court injuncted him for passing off — and clarified a subtle point: a design old in itself is 'novel' when applied to a new article it's never been applied to before.
3 July 2015
Design Registration in India: An Introduction
Design registration protects the aesthetic appeal of a product, runs ten years extendable by five, and is the fastest IP registration process in India — typically eight to twelve months from filing to registration.
Nikita · 14 June 2015
Copyright or Design? The Delhi HC Decodes Section 15 of the Copyright Act
When an artistic work is applied industrially to make articles, does copyright survive? The Delhi High Court parsed Section 15 — Hussain's horse painting vs a saree motif — to draw the line between copyright and design protection.
12 June 2015
Musical Instruments and IP: Design, Patent and Trademark
The look of an instrument, a genuine mechanical innovation, and the brand on the headstock are each protected by a different IP right. How design, patent and trademark protection apply to musical instruments.
5 June 2015
Board Games and IP: How the Law Protects a Game
A board game is not protected by one right but several — copyright in the artwork and rules, design registration for the board, a possible patent for a genuine innovation, and a trademark for the title.
Durga Bhatt · 14 November 2014
IP for Fashion Designers: Protecting What You Create
Look in the mirror and you are wearing intellectual property — a brand protected as a trademark, a print protected as a design, artwork protected by copyright. For fashion, design registration is the natural fit, and the industry's reluctance to use it is the problem.
Durga Bhatt · 8 October 2014
How to File a Design Application in India: A Step-by-Step Guide
Protecting the look of a product — its shape, pattern or ornamentation — starts with a design application. Where to file, what a design is, the documents (including the crucial statement of novelty), and the timeline.
17 September 2014
Protecting Jewellery Designs in India: Copyright vs Design
Online selling extends a jeweller's reach — and makes designs easy to copy. How copyright and design law protect jewellery, why the 50-article rule pushes you toward design registration, and the requirements and process (class 11-01).
Raja Pannir Selvam · 15 July 2014
Trademarks vs Geographical Indications: What's the Difference?
Puma is a trademark; Darjeeling Tea is a geographical indication. One belongs to a single owner, the other to every producer in a region. The key differences, why place-names cause confusion, and how cases like Tea Board v. ITC resolve the overlap.
Raja Pannir Selvam · 1 July 2014
Tirunelveli or Iruttukadai Halwa: A GI or a Trademark?
The famous Iruttukadai Halwa is a registered trademark owned by one shop — yet other Tirunelveli makers want a geographical indication for the same sweet. A classic collision between two very different IP rights.
Raja Pannir Selvam · 24 June 2014
Tea Board v. ITC: Can a GI for Tea Stop a Hotel Lounge?
The Tea Board sued over ITC's 'Darjeeling Lounge' at a Kolkata hotel. The Calcutta High Court held that a GI registered for goods confers no monopoly over a geographical name for services — and that certification marks carry different infringement rights from ordinary marks.