Analysis Of Law On Functional Designs

Co-authored by Meghana¹

IP laws are not wary of overlapping in their forms and the same has been observed and discussed since their inception. Consequentially, no fine line can be drawn between various facets of Intellectual Properties accruing to striking similarity in their inherent nature and the aspects they deal with. The overlap between industrial designs and the patentable nature of functionality of those designs has been a conundrum that has been an area of dispute in various jurisdictions.

In the case of Cow and Coy v Cannon Rubber Manufacturers² from England, the dysfunctionality of functional Designs has been discussed to some extent, wherein the fact that a particular design could not be judged solely by viewing and the suit for design infringement would not hold good because the design was functionally inspired and that the design includes a method of construction. It was however denied saying: