The importance of the design of a product has been growing over the decades and necessitated a separate law on the subject in 2000. A certain product may be perfectly functional but when it is displayed in a department store along with similar goods manufactured by rival companies, its appearance matters a lot. It is not just the practical efficiency of the product that a customer looks for these days but also its novelty, looks and packaging. Therefore, legal battles have been fought over knife handles, pen holders, toys and bracelets.
Though the laws on patents and copyrights are well developed, the case law on designs is very thin in this country. Perhaps the full-length judgment on the Designs Act 2000 delivered a few weeks ago by the Supreme Court is the first of its kind. In this case, Bharat Glass Tubes Ltd vs Gopal Glass Works Ltd, the court had to cite foreign decisions on this subject. High courts have dealt with a few cases on designs but it was with reference to the old Designs Act 1911.
In this case, Gopal Glass claimed to be the creator of new and original industrial designs applied by a mechanical process to glass sheets. German-made rollers were used to give the glass sheets eye-catching shapes, configuration, ornamental patterns and shades of colour. The design was registered under the Act and was to remain valid for 10 years. Some time later, Bharat Glass allegedly imitated the design. Gopal Glass then obtained an injunction against it from the district court. As a counterblast, Bharat Glass approached the Controller of Designs contending that the design was not new and it had already been published in this country and abroad. The Controller then cancelled the registration of Gopal Glass. The dispute moved to the Calcutta high court which set aside the Controller's order. The rivals moved to the Supreme Court, where the high court order was upheld.
The new Designs Act was passed in view of the considerable progress made in the field of science and technology. Its