IP Case Law › Designs › Reckitt Benckiser (India) Ltd. v. Wyeth Ltd.
Relevant Acts and provisions
Designs Act, 2000
Provisions considered: Section 4(b) of the Designs Act, 2000, on prior publication of a design abroad.
Brief facts
Wyeth held a registered design for an S-shaped spatula used to apply a hair-removal cream and obtained an interim injunction against Reckitt Benckiser restraining sale of a similarly shaped applicator. On appeal, Reckitt Benckiser argued that the design lacked novelty because an identical or similar shape was already disclosed in documents available at a foreign design office before Wyeth's Indian application,…
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Keywords
Cancellation Design Registration Novelty Prior Publication Scope Of Design Protection
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