Since its implementation, the Designs Act 2000 has evolved to keep pace with industrialisation and globalisation and to promote competition.
As there is much greater need for designs to stand apart from competitors, the emphasis on pure visual appearance is higher than ever. This is because, unlike other forms of IP right, design protection is granted based on the design’s appeal to the eye, which has an important bearing on a business’s profitability and longevity. As the customer identifies and distinguishes products based on the physical appearance of a design, infringement or passing off can have a devastating effect on competition.
Authored by Vaishali Mittal.
This article was published in IP Value 2014.
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