Novelty And Originality Of Design- Elements
What are Novelty and Originality?
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Section 4 of the Design Act, 2000 requires the design to be novel and original (not published anywhereglobally,r used in the country, or applied elsewhere outside India before prior user claimed). It has to be ensured that the design proposed for registration does not form a part of the public domain or state of the art.
What is Publication of design?
It should not have been disclosed in public before the filing date of the ordinary application. In the case of the reciprocity application, it should not have been disclosed before the priority date filing.
It should be distinguishable from the already existing design or combination of designs known in public.
Exceptions: Section 21 of the Design Act, 2000
- The disclosure of design if made in good faith by the lawful proprietor to any third person shall not constitute publication.”
- When the proprietor accepts the first confidential order for the articles, which shall have the new design inputs before registration, it will not constitute publication of design.
- If the designs have been showcased in any exhibition, which shall fall under the purview of Section 21 Of The Designs Act,2000.
- If the design description is published during or after the exhibition but not before the exhibition.
- If any third person published or describes the design during or after the exhibition without the lawful proprietor’s consent.