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Expounding Design Act, 2000 in Context of Assam's Textile EXPOUNDING DESIGN ACT, 2000 IN CONTEXT OF ASSAM’S TEXTILE SECTOR Dissertation submitted to National Law University, Assam in partial fulfillment for award of the degree of MASTER OF LAWS Supervised by, Submitted by, Dr. Topi Basar Anee Das Associate Professor of Law UID- SF0217002 National Law university, Assam 2nd semester Academic year- 2017-18 National Law University, Assam June, 2018 SUPERVISOR CERTIFICATE It is to certify that Miss Anee Das is pursuing Master of Laws (LL.M.) from National Law University, Assam and has completed her dissertation titled “EXPOUNDING DESIGN ACT, 2000 IN CONTEXT OF ASSAM’S TEXTILE SECTOR” under my supervision. The research work is found to be original and suitable for submission. Dr. Topi Basar Date: June 30, 2018 Associate Professor of Law National Law University, Assam DECLARATION I, ANEE DAS, pursuing Master of Laws (LL.M.) from National Law University, Assam, do hereby declare that the present Dissertation titled "EXPOUNDING DESIGN ACT, 2000 IN CONTEXT OF ASSAM’S TEXTILE SECTOR" is an original research work and has not been submitted, either in part or full anywhere else for any purpose, academic or otherwise, to the best of my knowledge. Dated: June 30, 2018 ANEE DAS UID- SF0217002 LLM 2017-18 ACKNOWLEDGEMENT To succeed in my research endeavor, proper guidance has played a vital role. At the completion of the dissertation at the very onset, I would like to express my sincere gratitude to my research guide Dr. Topi Basar, Associate professor of Law who strengthen my knowledge in the field of Intellectual Property Rights and guided me throughout the dissertation work. She continuously guided me in the scheme, progress and final shape of my dissertation. Without her proper guidance and constant support throughout the work, my dissertation would have been incomplete. I would also like to express my special gratitude towards Ms. Moonmi Gohain and Assistant professor of Law and Ms. Namrata Gogoi, Assistant Professor of History for their valuable guidance as well. I would also like to thank my junior Mr. Prakreetish Sarma, student of B.A.L.L.B. 9th Semester who helped and supported me in conducting my empirical study without much difficulty throughout the research work. I would also like to thank the Librarian and whole staffs of NLUA library, staffs of IT section for their immense help and cooperation in making availability of relevant materials required for the study. I would also like to thank NLUA Assam as an institute where I not only completed my academic degree but also grew as an individual at the same time. Above all, I would like to thank almighty God, my family, teachers and friends for encouraging and helping me to work with much deliberation. ANEE DAS UID- SF0217002 2017-18 i PREFACE Intellectual property is the creation of human mind, human intellect and hence called ‘Intellectual property’. It is an important means of accumulating tangible wealth. Intellectual properties and intangible assets jointly form the most important driving force of the world economy. The present research paper explore more particularly about the premise of formulating Design Act, 2000 to the main logic behind industrial production to protect Textile sector of Assam. Assam in particular has a rich tradition of handloom weaving descending down from generation to generation. Designs used in the traditional textile of Assam convey different meanings having unique and distinctive characteristics in many ways. These are found to be source of inspiration and carry specific meaning and significance in the socio-cultural life of the people of Assam. Through this paper, researcher seeks to provide a depth understanding of the extent of the works of Textile Designers and tries to find out through conducting an empirical study, awareness of Design Act, 2000 among the people engaged in the sector and application of such legislation in Textile sector of Assam. ANEE DAS UID- SF0217002 2017-18 ii TABLE OF CASES International cases Page(s) Amp inc. v. utilux pty ltd 46 Interlego v. Tyco Industries 53 Lawson industries Ltd’s Appln 16 Lord Avonside in Harvey & co. v. secure fittings 46 National cases Aga Medical Corporation v. Mr. Faisal Kapadi and Anr 65 Bharat Glass Tube Ltd v. Gopal Glass works Ltd (different page. No) 17, 45, 51 Britannia Industries v. Sara Lee Bakery 58 Daniel v. A.R. Safiullah 69 Dart Industries Inc and another v. Techno Plast and others 56 Disney Enterprises Inc v. Prime House wares ltd 17 Gammeter v. controller of Patents 55 Gopal Glass works Ltd. v. Assistant Controller of Patents and Designs 66 Haji Sikandar Shah v. Mian Rahim Baksh 46 Indo Ashahi Glass Co. Ltd v. Jai Mata Rolled Glass Ltd 69 Joginder Singh v. Tabu Enterprises 66 Khadim Shoe pvt. Ltd v. Bata India Ltd 56 lag co. ltd v. Triveni Glass Ltd 66 Md. Abdul Karim v. Md. Yasmin 59 iii Microfibres, inc. v. Giridhar & co. & others 17, 49 National Trading co. v. Monica Chawla 56, 66 Parle products private limited v. Surya food & Agro limited 46 Prem Singh v. Ceeam Industries 69 Reckitt Benckiser (India) Ltd. v. Wyeth Limited 55 Rotela Auto components (p) Ltd. v. Jaspal Singh 55 Samsonite Corp vs Vijay Sales 65 Two-rib glass lenses 47 Western Engineering co. v. Paul Engineering Co. 58 Wimco Ltd. Bombay v. Meena Match Industries, Sivakasi 57 iv TABLE OF STATUTES 1883- The Paris convention for the protection of Industrial property. 1886- Berne Convention for the Protection of Literary and Artistic Works 1925- Hague Agreement concerning International deposit of Industrial design 1934- The London Act 1957- The Indian Copyright Act 1960- The Hague Act 1967- World Intellectual Property Organization 1968- Locarno Agreement Establishing an International Classification for Industrial Designs 1994- Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs) 1999- The Geneva Act 2000- Industrial Design Act v LIST OF ABBREVIATIONS 1 ARIPO The African Regional Intellectual Property Organization 2 BOIP Benelux Office for Intellectual Property 3 CAD Computer-Aided Design 4 CDP Catalytic Development Programme 5 CO Company 6 DLT Delhi Law Times 7 EC European Community 8 EUIPO European Union Intellectual Property Office 9 INC Incorporated 10 IPR Intellectual Property Rights 11 LTD Limited 12 OAPI The African Intellectual Property Organization 13 PTC Patent and Trademark cases 14 PWD Public Works Department 15 REGD Registered 16 RPC Ranbir Penal Code 17 TRIPs The Agreement on Trade-Related Aspects of Intellectual Property Rights 18 UK United Kingdom 19 USPTO United States Patent and Trademark Office 20 WIPO World Intellectual Property Organization vi TABLE OF CONTENTS Page(s) Certificate Declaration Acknowledgement i Preface ii Table of cases iii-iv Table of Statutes v List of Abbreviation vi CHAPTER-I INTRODUCTION 1.1 Introduction 1-2 1.2 Statement of Problem 2 1.3 Aims and objectives 2-3 1.4 Research Question 3 1.5 Hypothesis 3 1.6 Research Methodology 3-4 1.7 Scope and Limitation 4 1.8 Literature Review 4-9 1.9 Chapterization 9-10 vii CHAPTER-II HISTORICAL PERSPECTIVES 2.1 Introduction 11-12 2.2 Historical background of Industrial Design Rights 12-14 2.2.1 Origin of Design Rights 12-13 2.2.2 Recognition and its importance 13-14 2.3 Growth of Design Act in India 14-16 2.3.1 Development of Design law in India 14-15 2.3.2 Efficacy of colonial Design Act, 1911 15-16 2.4 Protection of Industrial Design under the Design Act, 2000 16-18 2.5 Conclusion 18 CHAPTER-III INTERNATIONAL DEVELOPMENT IN DESIGN LAW 3.1 Introduction 19 3.2 The Paris convention for the protection of Industrial property, 1883 19-26 3.2.1 Introduction 19-20 3.2.2. Historical Background of the Paris convention 20 3.2.3 Features of Paris Convention 21 3.2.4 Purpose of Paris Convention 21 3.2.5 Specific provisions 21-23 3.2.6 General Provisions 23-24 3.2.6.1 Exception to national Treatment 24-26 3.3 Berne Convention for the Protection of Literary and Artistic Works, 1886 26 3.3.1 Introduction 26 viii 3.3.2 Specific Provisions 26 3.4 Hague Agreement concerning International deposit of Industrial design, 1925 27-34 3.4.1 Introduction 27-28 3.4.2 Historical background of Hague Agreement 28-32 3.4.3 Objective of the Hague Agreement 32 3.4.4 Features of the Hague System 32-33 3.4.5 Purpose of the Agreement 33 3.4.6 Advantages of the Hague System 33-34 3.5 Locarno Agreement Establishing an International Classification for Industrial Designs, 1968 34-40 3.5.1 Introduction 34-36 3.5.2 Historical Background of Locarno classification 36 3.5.3 Structure of the classification 36-37 3.5.4 Purpose of the Locarno classification 37 3.5.5 Advantages of Locarno classification 38 3.5.6 List of classes of goods of Locarno classification 38-40 3.5.7 Limitations of Locarno classification 40 3.6 The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs), 1994 40-42 3.6.1 Introduction 40-41 3.6.2 Specific provisions 41-42 3.7 Conclusion 42 ix CHAPTER-IV DESIGN UNDER INDIAN LAW 4.1 Introduction 43-44 4.2 Overview of Design law in India 44-53 4.2.1 Definition of design 44-48 4.2.2 Nature and Scope of Industrial design law 48-50 4.2.3 Objective and purpose of Design Act, 2000 50-51 4.2.4 Salient Features of Design Act, 2000 51 4.2.5 Functions of Industrial design 51-52 4.2.6 Advantages of Industrial Design Rights 52 4.2.7 Significance of protection of Industrial design 52-53 4.2.8 Subject-matter of Industrial Design 53 4.3 Registration of Design under Design Act, 2000 54-61 4.3.1 Introduction 54 4.3.2 Essential conditions for registration of designs 54-58 4.3.3 Procedure for registrations of Designs 58-61 4.4 Copyright in registered Design 61-64 4.5.
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