Foreign Design Registration Not Enough To Cancel Indian Design Protection: Calcutta High Court

Foreign Design Registration Not Enough To Cancel Indian Design Protection: Calcutta High Court

The Calcutta High Court has overturned a decision by the Deputy Controller of Patents and Designs (DCP&D) that cancelled the design registration of an industrial air cooler.

The cancellation stemmed from a challenge by a competitor who argued that the appellant's design lacked originality due to similarities with a design previously registered in China.

The court found that the DCP&D's order failed to adequately address the issue of prior publication. The competitor had relied on a certificate of registration and a screenshot from a Chinese website as evidence, which the court deemed insufficient.

The Court, held that “In order, to constitute prior publication, an image or design must be published in such a way that a person possessing ordinary knowledge of the subject is able to apply the design, to the article or see the design to the article or to see the design to the eye of the mind” which was not the case with snapshot of CNIP website, cited as prior art.

The judge emphasized that prior publication requires concrete evidence, not speculation. Registration in another country does not automatically disqualify a design for registration in India.

The court further stressed the importance of clear and verifiable evidence to establish prior publication. The competitor's reliance on unverified online sources was criticized.

The Court thus set aside the impugned order and remanded the cancellation application for fresh consideration.