lately, in TTK Prestige Limited company (Hereafter called Prestige) Suing Delhi manufacturers Gupta Light House (Hereafter called Gupta) In the case of infringement of design rights, The Delhi High Court ruled in favour Prestige Judgement of.

On the basis of "2000 Design law" The first 22 Article No (1) paragraph, Court determination Gupta The design of the pressure cooker is similar to Prestige the "Pressure hand cooker" , Therefore decide Gupta Infringement of design rights.

Brief of the case

Prestige Due to the Gupta Manufacture and sell with Prestige A design infringement action is filed against a registered design similar to a pressure cooker, To seek a permanent injunction and damages. while Gupta assert Prestige The exterior design lacks novelty and originality, It claims the design is based on traditional cooking vessels used in India for centuries "Handi" Existing and well-known designs. Gupta argue, On the basis of "Industrial design law" , The design is not entitled to protection.

Opinion of the High Court

Harry, presiding over the case．Shankar (C. Hari Shankar) The judge disagreed Gupta The argument of. The court noted that, Prestige the "Pressure hand cooker" It does not have the traditional shape of ordinary cookware; On the contrary, They have a distinctive and distinct form of rising middle and lower parts. The court held that, This unique visual appeal makes the design fit "Design method" Prescribed conditions of registration and protection.

The court also rejected the argument that the design was invalid because of its functional attributes. The court emphasized, Even if the design has a functional purpose, As long as it also has aesthetic qualities, It can still be registered and protected.

Although the court acknowledged that the plaintiff's design was out of date, And has entered the public domain, But it was still done in favor Prestige Judgement of, Be sure of Gupta Infringed on its design rights. This is despite the fact that the registration period for the design has expired, But the court still ordered Gupta Provide a detailed accounting of its revenue from the sale of pressure cookers with infringing designs. In addition, Also authorized by the court Prestige Future entitlement Gupta The accounts submitted claim damages. (Be compiled from www. latestlaws. com)

TRANSLATORS: Rason group　proofread: Wang Dan



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