Can stamps, Labels, tokens, cards be considered an article for the purpose of registration of Design? If yes, why and if no, why not?

CS Professional · Intellectual Property Rights - Law and Practice · PYQS · December 2018
Can stamps, Labels, tokens, cards be considered an article for the purpose of registration of Design? If yes, why and if no, why not?

Answer & Explanation:

The answer to the question is 'No' since, once the Design i.e., the ornamentation is removed only a piece of paper, metal or like material remains and the article referred to ceases to exist. For Design protection, the article must have its existence independent of the Designs applied to it. [Design with respect to label was held not registrable, by an Order on civil case No. 9-D of 1963, Punjab, High Court]. So, the Design applied to an article should be integral with the article itself.

Topics: Design Law

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