'Heavy Duty Company' manufactures 'Pick-N-Carry Hydraulic Self Mobile Cranes' developed and registered under the Designs Act, 2000. They filed a suit for permanent injunction and infringement against 'Robust Mechanicals

CS Executive · Economic, Commercial and Intellectual Property Laws · PYQS · December 2024
'Heavy Duty Company' manufactures 'Pick-N-Carry Hydraulic Self Mobile Cranes' developed and registered under the Designs Act, 2000. They filed a suit for permanent injunction and infringement against 'Robust Mechanicals Company', who began manufacturing and selling mobile cranes that were visually identical to the original design of 'Heavy Duty Company' claiming that their machine is "new or original". (ii) What is the Court's duty while determining if a design is "new or original"?

Answer & Explanation:

It is the duty of the Court to take special care that no design shall be counted new or original, unless it is distinct from what previously existed by something essentially new or original which is different from ordinary trade variants, which may have lost, been common matters of test or choice in that trade.

Topics: Designs Act, 2000

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