IP Case Law › Designs › Bharat Glass Tube Limited v. Gopal Glass Works Limited
Relevant Acts and provisions
Designs Act, 2000
Provisions considered: Sections 4 and 19(1)(b) of the Designs Act, 2000, concerning novelty, originality and prior publication.
Brief facts
Gopal Glass Works held a registered design for a pattern embossed on glass sheets. Bharat Glass Tube filed a cancellation petition before the Assistant Controller of Patents and Designs, alleging the pattern lacked novelty because an identical design had already been published and used abroad before registration, relying on catalogues and correspondence concerning embossing rollers bearing a similar pattern.
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Keywords
Cancellation Design Registration Novelty Originality Prior Publication
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