File Copyright Online - File mutual Divorce in Delhi - Online Legal Advice - Lawyers in India

In order to qualify as design, the Article must have independent existence

This analytical legal article delves into a hypothetical case involving a dispute over the design protection of a front fender. The plaintiff claimed registered design infringement, asserting that the defendant intentionally imitated their design. The defendant argued that the design couldn't be protected as an article under Section 2(a) of the Designs Act since it is sold as a replacement part of a motorcycle. The article critically examines the court's reasoning behind declining the injunction and analyzes the broader implications for the scope of design protection under the Act.

Design protection plays a vital role in safeguarding the aesthetic aspects of products. In this case, the plaintiff's claim of registered design infringement rests on their assertion that the defendant unlawfully copied their design. The defendant's argument, that the design is not an independent article under the Designs Act, forms the crux of the court's decision. This article critically analyzes the court's reasoning and its potential ramifications.

Scope of "Article" under the Designs Act:
The term "article" under Section 2(a) of the Designs Act is pivotal in determining the eligibility for design protection. The plaintiff's design is a front fender, an external part of a motorcycle. The court emphasizes the significance of the words "capable of being made and sold separately" in the definition of "article." This indicates that a design can be protected if it is both separable and marketable as an independent product.

Intent and Object of the Designs Act:
The court acknowledges the intention behind the Designs Act, which seeks to broaden the definition of "article" to include parts of articles. However, the court discerns a limitation within this intent by the specific phrasing of "capable of being made and sold separately." The court's interpretation implies that the design should not only be separable but also commercially viable as a standalone product.

Analysis of Court's Decision:
The court's decision hinges on the perception that a front fender, although externally visible, lacks an independent identity in the market. It's a part inherently attached to a larger product, the motorcycle. The court's emphasis on the external and inseparable nature of the fender suggests that the plaintiff's design may not meet the dual requirement of separability and marketability. Therefore, the court concludes that the design cannot be protected under Section 2(a) of the Designs Act.

Implications and Critique:
The court's decision raises pertinent questions regarding the scope of design protection. By focusing primarily on the marketability aspect, the decision appears to impose a higher threshold for design protection than intended by the Act. The requirement that a design should have an "independent life" might potentially undermine the protection of innovative designs that are inherently tied to larger products.

The Concluding Note:
The case exemplifies the nuanced challenges of interpreting and applying the Designs Act. While the court's decision seeks to balance the intent of the Act with practical considerations, it might inadvertently limit the protection afforded to certain designs. As design continues to play an integral role in product differentiation and branding, a more comprehensive approach to the interpretation of the term "article" could ensure that innovative and marketable designs are adequately protected within the contours of the law.

Case Law Discussed:
Case Title: Hero Motocorp Limited Vs Shree Amba Industries
Date of Judgement:16.08.2023
Case No. CS(COMM) 1078/2018
Neutral Citation No: 2023: DHC: 5717
Name of Hon'ble Judge: Amit Bansal
Name of Court: Delhi High Court

Information and discussion contained herein is being shared in the public Interest. The same should not be treated as substitute for expert advice as it is subject to my subjectivity and may contain human errors in perception, interpretation and presentation of the fact and issue involved herein.

Written By: Advocate Ajay Amitabh Suman, IP Adjutor - Patent and Trademark Attorney
Email: [email protected], Ph no: 9990389539

Law Article in India

Ask A Lawyers

You May Like

Legal Question & Answers

Lawyers in India - Search By City

Copyright Filing
Online Copyright Registration


How To File For Mutual Divorce In Delhi


How To File For Mutual Divorce In Delhi Mutual Consent Divorce is the Simplest Way to Obtain a D...

Increased Age For Girls Marriage


It is hoped that the Prohibition of Child Marriage (Amendment) Bill, 2021, which intends to inc...

Facade of Social Media


One may very easily get absorbed in the lives of others as one scrolls through a Facebook news ...

Section 482 CrPc - Quashing Of FIR: Guid...


The Inherent power under Section 482 in The Code Of Criminal Procedure, 1973 (37th Chapter of t...

The Uniform Civil Code (UCC) in India: A...


The Uniform Civil Code (UCC) is a concept that proposes the unification of personal laws across...

Role Of Artificial Intelligence In Legal...


Artificial intelligence (AI) is revolutionizing various sectors of the economy, and the legal i...

Lawyers Registration
Lawyers Membership - Get Clients Online

File caveat In Supreme Court Instantly