Dealing With Design Disputes: The Aspect Of Prior Publication

The issue of prior publication finds an important place in nearly all realms of Intellectual Property. Elucidating the impact that this can have, on deciding Design rights is the case of Schreder S.A. Ltd. & Anr. v. Twinkle Luminaries Pvt. Ltd. 2008 (37) PTC 343 (Del.). The case dealing with two companies manufacturing lighting products throws light upon some of the primary issues appended to disputes in Designs.

Schreder S.A., a company incorporated in Belgium and engaged in the business of luminaries and lighting products including fixtures and floodlights having worldwide operations. They claim to be registered proprietors of several designs in India, as under the Designs Act 1911 and claim that the same are valid and alive owing to their renewal from time to time, however, they admit that the same were held under a different name then.