WEBVTT Kind: captions Language: en-IN 00:00:25.520 --> 00:00:33.400 a very warm welcome in module 1 of week eight of the course intellectual property disputes code 00:00:33.400 --> 00:00:41.440 practices and enforcement now this week we are dealing with the remaining types of Ip that is 00:00:41.440 --> 00:00:47.320 industrial design trade secret geographical indication semiconductor integrated layout 00:00:47.320 --> 00:00:53.120 design protection of plant varieties and Farmers right so the disputes related to these different 00:00:53.120 --> 00:00:58.640 types of ips we will deal with in this week along with the capsule version and then obviously the 00:00:58.640 --> 00:01:04.160 final application of the code how exactly we are going to use the learnings that will be the 00:01:04.160 --> 00:01:10.720 last module now when we are talking about this industrial design in week two we have a little 00:01:10.720 --> 00:01:18.800 bit idea that recap we have that discussed we have kind of gone into the that little details 00:01:18.800 --> 00:01:27.160 about the industrial design now why we will like go into details now again considering now 00:01:27.160 --> 00:01:33.560 the intellectual property disputes now see that if we are going for the IP disputes which are the 00:01:33.560 --> 00:01:38.560 points which are important for industrial design considering that we have to check when we are 00:01:38.560 --> 00:01:44.560 talking about this industrial design the important things are like a novelty then the representation 00:01:44.560 --> 00:01:49.880 how exactly you are presenting the design that is very important classification here like trademark 00:01:49.880 --> 00:01:55.160 you are giving the classification here and then few other aspects are there so obviously novelty 00:01:55.160 --> 00:02:00.960 check you have to find out that yes it is really novel or not so that is one important aspect is 00:02:00.960 --> 00:02:06.600 there then the presentation you have to you have to create the representation either that butter 00:02:06.600 --> 00:02:13.080 paper or a photograph or drawings you have to use that and you have to create the representation for 00:02:13.080 --> 00:02:19.200 that particular design generally two copies of that representations are required then we 00:02:19.200 --> 00:02:27.240 have to identify the class of that particular article where exactly that article that fits so 00:02:27.240 --> 00:02:33.800 we have like 31 classes according to the locar classification and we have to follow that and 00:02:33.800 --> 00:02:39.760 we have to assign exactly that particular class to that particular article which we are going 00:02:39.760 --> 00:02:45.720 to registration then we have to prove give that statement it's a standard statement is there the 00:02:45.720 --> 00:02:50.840 novelty resides in the shape and configuration of the the name of the article as Illustrated 00:02:50.840 --> 00:02:56.880 so that standard that statement you have to give then you are like if conventional application is 00:02:56.880 --> 00:03:02.680 there reciprocity of application is very very important you have to you have to give that 00:03:02.680 --> 00:03:07.560 reference you have to give that that priority application details when you are entering into 00:03:07.560 --> 00:03:13.920 the conventional countries okay that as per the conventional like procedure you have to give 00:03:13.920 --> 00:03:19.840 that particular details obviously requisite fee you are giving and you are doing the registration 00:03:19.840 --> 00:03:25.360 now obviously full details of applicant and that that legal representative and 00:03:25.360 --> 00:03:29.760 all that thing aspects we should remember when we consider the applicant because applicant is 00:03:30.400 --> 00:03:37.040 legal like that he is the or she is the owner and legal rights are with the applicant so that 00:03:37.040 --> 00:03:43.640 part if any disputes comes related to that the ownership obviously the applicant is the owner so 00:03:43.640 --> 00:03:49.400 we have to remember that particular part fine now obviously when examination will happen 00:03:49.400 --> 00:03:56.840 some queries may be raised if if that that examination like The Examiner feel that yes 00:03:56.840 --> 00:04:01.600 he want some clarification obviously he will give that that details and obviously you have 00:04:01.600 --> 00:04:08.640 to give the reply to that and then eventually the design will be accepted and then the registration 00:04:08.640 --> 00:04:16.680 will be there okay now important thing is like this that new or original is very important then 00:04:16.680 --> 00:04:22.360 the again the that prejudicial to the public order or morality or prejudicial to security 00:04:22.360 --> 00:04:27.400 of India so all that aspects will be taken into consideration when the examination will 00:04:27.400 --> 00:04:33.680 happen but the most important where probably the disputes will arise is a new and the originality 00:04:33.680 --> 00:04:39.560 of that particular design so originality is a very important aspect of a design probability 00:04:39.560 --> 00:04:46.080 around which the disputes will arise probability now when we are talking about a register offer 00:04:46.080 --> 00:04:52.800 design yes it is there in Kolkata and obviously the examination you know that generally happens in 00:04:52.800 --> 00:05:00.920 Kolkata office only and this design number class number date of filing reci so reciprocity 00:05:00.920 --> 00:05:06.120 date everything that all details are it is a public document you can get all the details 00:05:06.120 --> 00:05:11.800 along with the name and address of the proprietor so completely transparent we can say the system 00:05:11.800 --> 00:05:17.640 and you can have the access obviously on the site you can just visit and you can see the design 00:05:17.640 --> 00:05:23.840 so you can visit IP India site and you can see the different designs also now if you have to do 00:05:23.840 --> 00:05:29.840 the any any details further you want you can write down to the office and you can get the 00:05:29.840 --> 00:05:35.840 that particular details duration you know you just try to remember that what is the duration 00:05:35.840 --> 00:05:41.680 and after how many years you are doing to do the renovation and whether there is a renovation just 00:05:41.680 --> 00:05:49.200 find out okay now next is like U further if we see after examination publication will be 00:05:49.200 --> 00:05:56.040 there and publication of industrial design is generally on right him okay so that is the that 00:05:56.040 --> 00:06:00.800 is the kind of a situation now moving further you can just check that if if we are talking about an 00:06:00.800 --> 00:06:06.120 infringement what exactly is there now when we are talking about the infringement the important thing 00:06:06.120 --> 00:06:11.560 is that the definition of design infringement it is defers in each jurisdiction so there are 00:06:11.560 --> 00:06:18.120 the differences so that typically encompasses unauthorized obviously when infringement is 00:06:18.120 --> 00:06:24.920 there it is unauthorized it is like not a legally that any individual or any entity if not having 00:06:24.920 --> 00:06:31.120 in legal possession of that particular design that is unauthorized usage so what happens that 00:06:31.120 --> 00:06:39.160 perp uses usage making the design as it is right some jewelry is there you probably see 00:06:39.160 --> 00:06:44.560 many times or even some advertisements also in the social media that yes this design came we 00:06:44.560 --> 00:06:51.120 have made this design so sometimes it is that they are like doing the infringement also so making of 00:06:51.120 --> 00:06:57.960 the design then the importation of that design which is protected in India so if that is design 00:06:57.960 --> 00:07:03.840 registration is done in India and somebody is importing it yes it is a infringement and sale 00:07:03.840 --> 00:07:10.560 of that that that particular specific design which is registered so obviously when we say that 00:07:10.560 --> 00:07:18.280 making using sale U that importation huh patent also we we use these actually words right so here 00:07:18.280 --> 00:07:26.280 also unauthorized usage obviously will attract a legal action so some if me obviously all 00:07:26.280 --> 00:07:35.240 these actions each is a done by the it's not a lensey so he has not received any legal kind of 00:07:35.240 --> 00:07:39.880 arrangement is not there and without that legal Arrangement if he is doing that thing obviously 00:07:39.880 --> 00:07:47.640 it is a enragement now that to understand that person has infringed that Monopoly of the 00:07:47.640 --> 00:07:54.360 register resign you should like check that the the obviously provisions of each jurisdiction 00:07:54.360 --> 00:07:59.520 why this is important because you just check that when we talk about industrial designs 00:07:59.520 --> 00:08:06.880 registration in India in USA we are saying that it is a design patent so the the procedural part 00:08:06.880 --> 00:08:12.840 maybe little different when we are considering the that particular registration of the design 00:08:12.840 --> 00:08:19.280 in USA in India so jurisdictional Provisions we have to check when we are talking about the this 00:08:19.280 --> 00:08:24.880 particular design okay now the infringement is obviously for the visual appearance of the 00:08:24.880 --> 00:08:31.320 manufactured product rather than the functional because functional functional part of that product 00:08:31.320 --> 00:08:37.040 goes under the patent patent is a good we can say the provision that is a best IP which 00:08:37.040 --> 00:08:43.720 is taking care of the that inventive step which is a functional part of that product but the external 00:08:43.720 --> 00:08:51.040 appearance that aesthetic value of that particular article is protected by the industrial design 00:08:51.040 --> 00:08:58.840 that particular IP fine so this is the situation so when we go to the court obviously Court will 00:08:58.840 --> 00:09:04.400 look into the similarities between the two designs rather than the differences in that designs okay 00:09:04.400 --> 00:09:10.240 so that aspect is very very important because what is important is like that consumer when will they 00:09:10.240 --> 00:09:16.440 will look towards that particular article they should not get the they should not get confused 00:09:16.440 --> 00:09:21.600 or they should not get carried away or they should not understand the difference between the two so 00:09:21.600 --> 00:09:26.560 similarity between the two design is a very very important that is a litmus test we can say when 00:09:26.560 --> 00:09:32.520 the case will go into the code fine now moving further we can just check that okay what probabil 00:09:32.520 --> 00:09:39.240 will be the that quot actions will be there or what what will be the that different kinds of 00:09:39.240 --> 00:09:44.840 infringements will be there so you can just check here it is a imitation so what exactly imitation 00:09:44.840 --> 00:09:50.240 is imitation is we know that exactly making the copy of that particular thing so that we 00:09:50.240 --> 00:09:56.560 call it as the imitation then when we are talking about that particular next that is a Salin we are 00:09:56.560 --> 00:10:06.440 talking about that you are the authorized sale of that particular article without possession of 00:10:06.440 --> 00:10:13.520 the the authorized license or without having that ownership right that is a that is the case 00:10:13.520 --> 00:10:20.680 then when we are talking about the importation we know that you are not a that that authorized 00:10:20.680 --> 00:10:26.840 owner or you are not having the possession of that particular article by a legal means and 00:10:26.840 --> 00:10:32.040 unauthorized importation of that particular article if you are doing obviously you are 00:10:32.040 --> 00:10:37.440 attracting a legal action and then we have already seen that custom how exactly you can take a 00:10:37.440 --> 00:10:44.480 help of a custom in that particular situation okay next is like a penalty is there okay and 00:10:44.480 --> 00:10:49.240 we will talk about penalty and then the Cod action actually but before that we will just go 00:10:49.240 --> 00:10:54.360 into the details about the piracy of a design so what exactly the piracy of a design is so we have 00:10:54.360 --> 00:10:59.920 to understand that piracy word we also use in the copyright also so when we are talking about the 00:10:59.920 --> 00:11:05.480 designs under copyright protection designs under copyright protection because that that protection 00:11:05.480 --> 00:11:11.480 is possible so designs under copyright protection and Designs under the Ambit of industrial design 00:11:11.480 --> 00:11:16.400 these are different actually facets these are the different there is a different perspective is 00:11:16.400 --> 00:11:22.160 there and there is generally that confusion is there so it should be noted that a design 00:11:22.160 --> 00:11:29.600 that piracy of a design in India it will be considered as a infringement now obviously without 00:11:29.600 --> 00:11:36.280 return consent of that registered proprietor you cannot do imitation you cannot do importation 00:11:36.280 --> 00:11:43.760 right if someone do application of that design to any article that imitation is not allowed 00:11:43.760 --> 00:11:49.720 that is illegal infringer cannot do the sale okay if someone is aware about that unauthorized 00:11:49.720 --> 00:11:55.520 application and still does not publish still does the publishing of that again that is the illegal 00:11:55.520 --> 00:12:03.200 act obviously that will attract the action now now a few more disputes a few we can say 00:12:03.200 --> 00:12:09.360 the situations where probably disputes will arise is like a disputes related to the situations like 00:12:09.360 --> 00:12:15.320 a some agreements some assignments some Transmissions okay so this will happen 00:12:15.320 --> 00:12:20.080 when suppose you are doing to give the license to somebody to do the copy of that particular 00:12:20.080 --> 00:12:27.480 design or obviously the manufacturing of that product authorized license if that any entity 00:12:27.480 --> 00:12:34.520 is receiving that you are making the agreements and maybe there sometimes dispute may arise 00:12:34.520 --> 00:12:38.920 assignment is a one where you are transferring the rights or that owner is transferring the 00:12:38.920 --> 00:12:46.840 right it may be during the that that may be as a procedural part in a succession procedure or 00:12:46.840 --> 00:12:53.760 it may be like somebody is like selling that design so whatever may be the situation maybe 00:12:53.760 --> 00:12:59.480 the but that whenever the assignment is happening if that is not done properly if there are lacking 00:12:59.480 --> 00:13:05.440 the procedure if that assignment is not communicated with the IP office IP India office 00:13:05.440 --> 00:13:12.000 probability is that the some dispute may arise in this context also so applicant is having that 00:13:12.000 --> 00:13:18.440 legal rights so we have to understand that he or she or entity whosoever is that they should take 00:13:18.440 --> 00:13:22.960 a proper caution when they are doing assignment they are entering into any agreement contract 00:13:22.960 --> 00:13:28.040 when they are doing any transmission they should be very careful about the procedural part and they 00:13:28.040 --> 00:13:33.200 should follow the statute arrangement for that particular thing and obviously we have seen 00:13:33.200 --> 00:13:39.720 that disputes du to the imitation disputes due to the like importation is disputes due to 00:13:39.720 --> 00:13:45.880 the sale when you are not authorized position of that particular design that will also attract the 00:13:45.880 --> 00:13:51.560 legal action so this is the situation so in such situation what will be the penalty what 00:13:51.560 --> 00:13:56.520 is the statutory provision for the penalty in such situation now you can just see that there 00:13:56.520 --> 00:14:05.520 is a like rupees 25,000 to registered propri that that 25,000 to and then the 50,000 is 00:14:05.520 --> 00:14:12.000 a re recoverable as a contract de so that is the arrangement per design so that is the arrangement 00:14:12.000 --> 00:14:18.320 for per that that any one design okay so this is a statutory provision is there section 22 00:14:18.320 --> 00:14:24.160 then registered proprietor may bring obviously suit or injunction order so injunctions we have 00:14:24.160 --> 00:14:29.040 seen that different types of injunctions are there so depending on the situation 00:14:29.600 --> 00:14:37.840 the the plenti can demand for that or request I should say for the particular injunction and 00:14:37.840 --> 00:14:43.680 suit for that recovery of the damages can be initiated again the jurisdiction is very important 00:14:43.680 --> 00:14:51.440 here the jurisdiction is not below the district court okay so obviously any any any dispute if 00:14:51.440 --> 00:14:57.440 come related to Industrial design jurisdiction is starting from District Court obviously so this is 00:14:57.440 --> 00:15:03.840 this should be remembered Okay so so now we will take a little break you can watch video and 00:15:03.840 --> 00:15:10.400 we will see that that particular video and then we will move for similarly here when design 00:15:10.400 --> 00:15:18.880 registration thing comes every Friday the whatever the there is a application that application for 00:15:18.880 --> 00:15:25.520 that designs are there that designs will be that details of the designs will be published every 00:15:25.520 --> 00:15:33.440 Friday so this is about the publication now the next is a infringement part now here when we are 00:15:33.440 --> 00:15:40.680 talking about a industrial design infringement it differs according to jurisdiction but the 00:15:40.680 --> 00:15:47.960 generally if you see what the infringement is like a unauthorized use of a industrial design okay 00:15:47.960 --> 00:15:54.480 now when we are talking about this particular industrial design dispute what are the probable 00:15:54.480 --> 00:16:03.000 defenses are there which are exhibited or explored by the pares so there are few differences 00:16:03.000 --> 00:16:08.640 like any grounds for cancellation of registration of design which are available under the section 00:16:08.640 --> 00:16:16.160 19 of the design act so that may be Tried by the defendant so that is a First Defense second 00:16:16.160 --> 00:16:23.760 is the violation of a registered design should begin on the day when the design registration cees 00:16:23.760 --> 00:16:29.120 so that that is very important the timing is very important we know the time probably 00:16:29.120 --> 00:16:34.200 you are till till now you have checked that okay what is the timeline of that industrial 00:16:34.200 --> 00:16:40.760 design so sees of that particular registration after that if anybody is using there is no 00:16:40.760 --> 00:16:46.080 question of that but we have to just remember the timing that restoration time and a seizing 00:16:46.080 --> 00:16:52.160 time if somebody do within that period if that infringement happen then there is no question of 00:16:52.160 --> 00:16:59.080 asking the that any damages for that particular situation okay so that is one thing very important 00:16:59.080 --> 00:17:05.280 okay I will just tell you 10 + 5 that is the time time limit is it okay then the lack of innovation 00:17:05.280 --> 00:17:11.680 in the design can be another because we have said that the design must be new or original so if that 00:17:11.680 --> 00:17:17.840 that is another one that is there is no innovation so if you can prove that thing definitely that can 00:17:17.840 --> 00:17:23.520 be a good defense next is a functional difference between the product and the registered design 00:17:23.520 --> 00:17:30.440 so that also you can have a you have to do the draft that that detailed comparison 00:17:30.440 --> 00:17:35.440 about that particular functional differences that can be also the good defense and then yes 00:17:35.440 --> 00:17:43.000 jurisdictional issues are there if as we have informed you just now below district court if any 00:17:43.000 --> 00:17:50.080 any like that if you approach to the code below District Cod they do not have these 00:17:50.080 --> 00:17:57.320 courts have not authority to handle the this designs related cases so that jurisdiction part 00:17:57.320 --> 00:18:01.560 is that can be one of the good defense defense and this is this is generally it is followed in 00:18:01.560 --> 00:18:08.160 many of the legal cases this particular is a this jurisdiction is a very very important part 00:18:08.160 --> 00:18:14.880 which is always the check first now let us see a few case laws related to that so that you can 00:18:14.880 --> 00:18:21.520 get the idea about it now this case is related to the Tria Pharmaceuticals and pro Laboratories 00:18:21.520 --> 00:18:27.440 this is in a Gujarat High Court this case is decided there and obviously the decision 00:18:27.440 --> 00:18:34.080 is given in favor of a plan itive now what was the situation here what was the facts of the 00:18:34.080 --> 00:18:41.400 case it was like this troa pharmaceutical they have registered owner of the d-shaped tablet as 00:18:41.400 --> 00:18:48.000 you can check here it is a d-shaped tablet and they have like a that registered that particular 00:18:48.000 --> 00:18:54.080 design and we know that in Pharmaceuticals generally if cardiac related like tablets 00:18:54.080 --> 00:18:58.720 are there they are using hard shape then they are using different colors because many of 00:18:59.320 --> 00:19:04.040 many times it is much easier because of that shape because of that color it is easier for 00:19:04.040 --> 00:19:08.840 the patient to remember that tablet and probably that is one of the way obviously 00:19:08.840 --> 00:19:15.080 pharmaceutical companies are using now here what happened that this company have registered this 00:19:15.080 --> 00:19:23.000 design now defendant began manufacturing of the identical tablet so troa Pharmaceuticals file 00:19:23.000 --> 00:19:29.880 case against the pro Laboratories in Gujarat high court now what is a judgment given in 00:19:29.880 --> 00:19:37.320 this particular case because here the defense by the defendant was that D shape is a 00:19:37.320 --> 00:19:44.280 very common shape okay so that was that was the defense and quote says that even if the 00:19:44.280 --> 00:19:52.440 d-shaped design was not Innovative it is like a use of tablets was a novel that that code found 00:19:52.440 --> 00:19:58.760 that its usage in the tablet the D shape use in the tablet is a novel and hence there it is 00:19:58.760 --> 00:20:05.880 title for the protection under the design act so D shape is common but dhap in tablet is a new 00:20:05.880 --> 00:20:11.760 thing and therefore that particular point is taken into consideration and Gujarat High Court 00:20:11.760 --> 00:20:20.800 given the that judgment in favor of a plative so this is this is the situation now that we have 00:20:20.800 --> 00:20:26.960 to remember that that when we are talking about the design act it is taken into consideration 00:20:26.960 --> 00:20:35.440 that new application of known design it can be classified as a original so that important we 00:20:35.440 --> 00:20:43.400 can say aspect we have to remember in case of a a design new application of a known design many 00:20:43.400 --> 00:20:52.040 designs we are like observing around us and if that designs are used in a that new application 00:20:52.040 --> 00:20:58.080 is there in different sector they have used it is used for example chair with a human face so 00:20:58.080 --> 00:21:04.000 human face is common that that is known but chair with that human face is something new so that can 00:21:04.000 --> 00:21:09.560 be considered as a original thing if it is first time done it that is very important novelty aspect 00:21:09.560 --> 00:21:15.480 is again important that first time it is done so originality and a novelty the two aspects are we 00:21:15.480 --> 00:21:21.920 have to understand that words very carefully so what the what the ACT says that act says that 00:21:21.920 --> 00:21:28.080 new application of a known design would classify as a origin and it will be entitled for the 00:21:28.080 --> 00:21:33.520 protection under the design act now in this case also you can say that D shape is very common but 00:21:33.520 --> 00:21:39.640 it is first time used in the tablet and therefore it is like a accept so statutory definition you 00:21:39.640 --> 00:21:46.480 can just check here of the original that it says that which is as follows that in relation to a 00:21:46.480 --> 00:21:53.880 design means originating from the author of a such a design and includes the cases which 00:21:53.880 --> 00:22:00.960 which though old in themselves yet are new in the in their application you can just check here 00:22:00.960 --> 00:22:07.920 this is the definition of original considering the industrial design so that particular thing 00:22:07.920 --> 00:22:14.360 is followed in case of the this industrial okay now let's move to the next that is a Delhi high 00:22:14.360 --> 00:22:23.080 court case now in this Delhi high court case it was in between the reced beg spelling Rec 00:22:23.080 --> 00:22:28.520 bangs sir okay s please 00:22:33.360 --> 00:22:33.800 go 00:22:33.800 --> 00:22:43.680 go so let us move down to the next case that is this is Delhi high court case this is now 00:22:43.680 --> 00:22:51.920 you can just check here in this the spatula which is pink colored and blue colored 00:22:51.920 --> 00:23:01.280 one is from that red B and the second is like with a BD now the the two companies they were having a 00:23:01.280 --> 00:23:08.960 dispute with the respect to that spatula which is used for this particular cosmetic product and they 00:23:08.960 --> 00:23:15.720 have the dispute related to that industrial design so recit says that this particular spatula is 00:23:15.720 --> 00:23:21.720 like the register design and as it is registered design it cannot use that and they have done the 00:23:21.720 --> 00:23:28.600 industrial design infringement that was the case now defendant we here they have brought to the 00:23:28.600 --> 00:23:36.720 notice of the court that the say shift spatula is like as though it although it is like is 00:23:36.720 --> 00:23:45.440 like claiming that it is their original registered product the vet says that and they have proof 00:23:45.440 --> 00:23:54.440 that it is like already registered in foreign Nation like us and a UK so that originality aspect 00:23:54.440 --> 00:24:03.320 is the question so that is like a challenge by the vet now the Court ruled here like single bench 00:24:03.320 --> 00:24:12.120 then division bench so a lot of we can say the this case is like gone for appeal many times and 00:24:12.120 --> 00:24:19.920 the Court ruled that the design registration in India would be deemed to be cancelled and it may 00:24:19.920 --> 00:24:28.160 be sought as a defense against claim infringement under Section 22 if it could be demonstrated that 00:24:28.160 --> 00:24:35.920 the design was disclosed anywhere in India or a foreign country so that is very very important 00:24:35.920 --> 00:24:42.280 originality aspect novelty aspect we have seen that originality aspects in the previous case 00:24:42.280 --> 00:24:49.440 the novelty aspect we can say in this case it is like proof that already in UK us this particular 00:24:49.440 --> 00:24:56.800 design is available this is registered so but here we have to just one point means 00:24:56.800 --> 00:25:02.960 I guess that reciprocity of the application is very very important now this is a India limited 00:25:02.960 --> 00:25:08.680 and if that would have been like conventional application probably that priority may have been 00:25:08.680 --> 00:25:16.800 secured so that one aspect we have to remember okay so when we are talking about this section 19 00:25:16.800 --> 00:25:22.440 we have just said that cancel the defenses which are exactly that defenses which are available 00:25:22.440 --> 00:25:28.720 so for the cancellation of a registration so if any person you can just check here that interested 00:25:28.720 --> 00:25:35.800 may present a petition for the cancellation of a registration of a design at any time after 00:25:35.800 --> 00:25:42.040 the registration of the design to the controller on any of the following rounds so here exactly 00:25:42.040 --> 00:25:48.000 section 19 when we are talking section 191 okay so if any agreed part is there because 00:25:48.000 --> 00:25:54.640 of certain reason if they feel that yes there is already infringement is happening they can 00:25:54.640 --> 00:25:58.720 send the request there is no any time limit in patent there is a time liit just generally when 00:25:58.720 --> 00:26:03.160 we go to the affiliate board now there is no question of affiliate board so that question 00:26:03.160 --> 00:26:08.120 is not there but here you can the point is like that you can cancel the register you can send the 00:26:08.120 --> 00:26:14.520 request for cancellation to the controller here that is very important so here what exactly it 00:26:14.520 --> 00:26:21.240 is now these points are like this that you can just check here the design has been previously 00:26:21.240 --> 00:26:28.520 registered in India obviously if somebody else is already possessing that design that will not 00:26:28.520 --> 00:26:35.800 be eligible to have that that c that privilege of again registering the design so that is a 00:26:35.800 --> 00:26:40.840 first thing and therefore if that is proved that is already registered then controller can 00:26:40.840 --> 00:26:46.880 cancel generally while taking the examination process that will be taken care so mostly this 00:26:46.880 --> 00:26:54.080 should not be the issue next is that it has been published in India or in any other country prior 00:26:54.080 --> 00:26:58.480 to the date of a registration so novelty aspect we can just we have just seen in the case case 00:26:58.480 --> 00:27:06.280 law so that aspect is very important so prior publication U public display that is not expected 00:27:06.280 --> 00:27:13.120 next is that design not a new or original we have seen the original definition just now so 00:27:13.120 --> 00:27:19.320 that originality aspect is very very important next is like that design is not registerable 00:27:19.320 --> 00:27:28.280 under the act so act has given that against public U order morality then emblems are not U allowed 00:27:28.280 --> 00:27:34.160 to do the registration has designed so that that guidelines are there in the statute so obviously 00:27:34.160 --> 00:27:39.520 if anything is there considering that that will be like challenged that can be challenged under 00:27:39.520 --> 00:27:47.680 Section N9 then that is that that the as per the design act if it is not that design article 00:27:47.680 --> 00:27:54.800 design if it is not as for the Clause D of the section two then also you can just file the 00:27:54.800 --> 00:28:01.640 request file the petition for cancellation of that registration and controller will act on that 00:28:01.640 --> 00:28:08.880 okay so this is about the section now we can just move to the quiz here so we have shared with you 00:28:08.880 --> 00:28:16.360 two case laws we request you to find out any case law probability less that you are seeing 00:28:16.360 --> 00:28:23.160 it around but maybe you can Google it maybe you can see in any of the literature and just find out 00:28:23.160 --> 00:28:29.560 at least one case Law related to the industrial design just write down in the comment box okay 00:28:29.560 --> 00:28:35.000 so with this we are coming to the end of the session and this is all about the industrial 00:28:35.000 --> 00:28:41.920 design related dispute we have given the novelty and originality aspect that we have to 00:28:41.920 --> 00:28:46.720 remember reciprocity of application considering the conventional application that is another 00:28:46.720 --> 00:28:53.040 one and then we have seen the defenses which are required which are used for the for the industrial 00:28:53.040 --> 00:29:00.040 design disputes and section 19 if that it is a we can say the remedy which is available after 00:29:00.040 --> 00:29:06.600 registration also in that you can approach to the controller and obviously the court custom 00:29:06.600 --> 00:29:12.920 injunction orders damages compensation these are all there and we can explore that options okay 00:29:12.920 --> 00:29:19.680 so with this we are coming to the end of this session see you in the next session thank you