Prior Protection Of Designs: A Hyper Technical Research On The Designs Act, 2000

Nishtha L; Athul Ramaswami J S

doi:10.36948/ijfmr.2024.v06i06.32026

Prior Protection Of Designs: A Hyper Technical Research On The Designs Act, 2000

Author(s)	Nishtha L, Athul Ramaswami J S
Country	India
Abstract	The Designs Act, 2000, plays a pivotal role in protecting industrial designs in India by offering exclusive rights to creators over their products with respect to the visual prospect being in abundance. However, the Act's provisions raise complex technical and legal perspectives, particularly around the issue of ‘prior protection’. This research paper provides a hyper-technical analysis of the Act, focusing on the intricate requirements that designs must meet to qualify for protection. The need for novelty and speciality of each creator has a need for protection with a prior note to it. The research critically explores the legal thresholds of what constitutes a "new or original" design. Prior disclosure of a design before formal registration can result in loss of protection or theft without agreed consent. This issue is unauthenticated and questionable, as it raises unauthenticated concerns about the protection of a creator's work. Legal provisions are crucial to ensure the protection of prior disclosure and rights. Judicial interpretations and case law surrounding prior protection under the Designs Act are scrutinized to highlight the vagueness and inconsistencies in the legal provisions to envisage the needs of a creator. The study also considers the role of international frameworks, such as the Paris Convention, and their influence on India's design protection regime, particularly in the context of cross-border disputes and multi-jurisdictional filings in the global arena. The policy, regulated legislatively and institutionally, aims to promote Indian designs through a comprehensive policy framework, fostering innovation and global positioning - The Designs Act, 2000 provides a clearer understanding of the legal structure and the challenges faced by designers. It emphasizes the importance of recognizing talent and strengthening prior protection to ensure a more reliable system for enforcing design rights.
Keywords	Intellectual Property Rights, Prior protection, Paris Convention, Prior Disclosure, Designs Act, Talent, Patent, Creator’s protection
Field	Sociology > Administration / Law / Management
Published In	Volume 6, Issue 6, November-December 2024
Published On	2024-11-30
Cite This	Prior Protection Of Designs: A Hyper Technical Research On The Designs Act, 2000 - Nishtha L, Athul Ramaswami J S - IJFMR Volume 6, Issue 6, November-December 2024. DOI 10.36948/ijfmr.2024.v06i06.32026
DOI	https://doi.org/10.36948/ijfmr.2024.v06i06.32026
Short DOI	https://doi.org/g8sg48

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Prior Protection Of Designs: A Hyper Technical Research On The Designs Act, 2000

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