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ARTICLE · 02 SEPTEMBER 2021

Design Marking In India: Essential Or Avoidable?

Obhan Mason
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Design marking is a method used by proprietors to signal that their article is protected by design rights.

IndiaIntellectual Property
Essenese Obhan
Essenese Obhan
Neha Arora
Neha Arora
Sneha Agarwal
Sneha Agarwal
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Design marking is a method used by proprietors to signal that their article is protected by design rights. It entails "marking" an article in a manner that informs the public at large that the article in question is the subject matter of a registered design. The issue of whether design marking is necessary or not has come up on occasion before Indian courts, who have tackled how such marking acts as an indicator of registration, and explained the rights that follow. This note discusses some of the questions around design marking in the context of the law and court decisions.

Marking under the Designs Act

Section 15(1)(b) of the Indian Designs Act, 2000 ("the Act) lists the rights of a proprietor to use a design mark. It states:

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