Dealing With Design Disputes: The Aspect Of Prior Publication

The issue of prior publication finds an important place in

nearly all realms of Intellectual Property. Elucidating the

impact that this can have, on deciding Design rights is the

case of Schreder S.A. Ltd. & Anr. v. Twinkle Luminaries

Pvt. Ltd. 2008 (37) PTC 343 (Del.). The case dealing with

two companies manufacturing lighting products throws light upon

some of the primary issues appended to disputes in Designs.

Schreder S.A., a company incorporated in Belgium and engaged

in the business of luminaries and lighting products including

fixtures and floodlights having worldwide operations. They

claim to be registered proprietors of several designs in India,

as under the Designs Act 1911 and claim that the same are valid

and alive owing to their renewal from time to time, however,

they admit that the same were held under a different name

then.

They claimed to have learnt of the sale of identical

luminaries by Twinkle Luminaries Pvt. Ltd. in September 2004.

They contended that the design of Twinkle was an imitation of

theirs and that they had already issued a cease and desist

notice to that effect...