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ARTICLE · 17 SEPTEMBER 2020

Protection And Enforcement Of Design Rights In India

S.S. Rana & Co.
S.S. Rana & Co.
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S.S. Rana & Co.

S.S. Rana & Co.

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An innovative design has the potential to revolutionize the industry. Simplest of designs with their inherent efficiency and uniqueness have catered to consumers' basic needs for decades.

IndiaIntellectual Property
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S.S. Rana & Co. Advocates
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Introduction

An innovative design has the potential to revolutionize the industry. Simplest of designs with their inherent efficiency and uniqueness have catered to consumers' basic needs for decades. Seldom known famous designs which might have skipped one's attention, but not their needs include the ball-point pen, bendy straw, angelpoise lamp, Post-it® notes and Tupperware®, to name a few. So, why is design an essential criteria for an article, and does it warrant separate legal protection? The scope of the article attempts to highlight the growing significance of design rights and its current scenario in India.

What is a Design?

Design rights protect the novel features such as shapes, configuration, colour combination, surface ornamentation, composition of lines, or patterns of an article, whether in two dimensional or three dimensional or in both forms, which provide an aesthetic element instead of a functional quality. In India, filing, prosecution and

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