The question (15 marks)
What is a 'design' under the Designs Act 2000? On what grounds may the registration of a design be cancelled, and how have the courts approached the question of novelty and prior publication? Refer to decided cases. (15 marks)
Syllabus heads 1.4(d) and 1.4(f); industrial designs and geographical indications, with the two design case chapters.
Plan your answer on paper before you look at the authorities — issue first, then the rule, then apply it to these facts.
It tests Unit 1 · General Principles of Intellectual Property of Intellectual Property Laws.
Authorities you will need
- Bharat Glass Tube Ltd v. Gopal Glass Works Ltd
- Reckitt Benckiser (India) Ltd v. Wyeth Ltd, Delhi High Court (Full Bench)
- Designs Act 2000, ss. 2(d), 2(g), 4, 19, 22 and 44
How an answer is marked
A full-marks answer names the issue in one line, states the rule with its section, cites the authority, applies it to these facts and concludes — in that order. The app's model answer for this question is written in exactly that shape, with a checklist to mark your own attempt against.