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Novelty and Originality under the Designs Act, 2000 With Reference to Selected Cases

By Dr. Dayanand B. Shetty

Published In

CLC 2012

The object of Designs Act, 2000, is to protect aesthetic appearance of an article if it is original or novel.The law presumes that an aesthetic appearance is the result of intellectual efforts. Hence, Novelty and Originality is a important factor for registration under Designs Act, 2000, writes Dr. Dayanand B. Shetty. Introduction Industrial design refers to creative activity which result in the ornamental or formal appearance of a product and design refers to a novel or original design that is accorded to the proprietor of a validly registered design. Today consumers are widely influenced by the design of the article. Hence the producers spend huge capital in developing innovative designs for attracting the recognition of the consumers by enhancing the appearance of their products. Designs which appeal to the eye can be of great commercial value. So there is a real need to register the design as a registered design. It is the only way to prevent ....

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