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IN THE HIGH COURT AT CALCUTTA
RAVI KRISHAN KAPUR
NEC Corporation – Appellant
Versus
Controller Of Patents And Designs – Respondent
JUDGMENT :
Ravi Krishan Kapur, J.
1. All these statutory appeals have been filed under the Designs Act, 2000 (the Act) and raise a common question “Whether Graphic User Interface (GUI) satisfies the criteria of a design making it eligible for registration under the Act?”
2. GUI is a form of user interface which allows users to interact with electronic devices through graphical icons and visuals in indicators such as secondary notation. In computing, a GUI is a visual way for users to interact with devices using elements like icons, windows, menus and buttons instead of typing commands.
The appellants:
3. The common thread in the arguments of all the appellants is that, there is misconceived notion in the Office of Designs that GUIs are not per se registrable under the Act. In construing the definitions of “article” under section 2(a) and “design” under section 2(d) of the Act, the respondent authorities have adopted an unduly strict and narrow interpretation. All the impugned orders proceed on the basis that the Locarno classification which had introduced GUI registration as a design is only of administrative assistance and in the absence of any amendment to the Act, does not aid in int
The onus to prove lack of novelty or originality in a design as a ground of defence against design piracy lies with the defendants, and unsubstantiated claims cannot invalidate the plaintiff's copyri....
The court ruled that the distinction between artistic works and designs under the Copyright and Designs Acts requires a detailed examination, and cannot be resolved at the threshold stage of rejectin....
The court ruled that design piracy requires examination from the perspective of an informed user aware of prior art; the plaintiff's design not being a fraudulent or obvious imitation led to the dism....
The Designs Act protects novelty and originality in registered designs, with a focus on visual appeal to determine design piracy.
The court established the validity of the registered design, the infringement by the defendant, and the entitlement to rendition of accounts. The court's decision was influenced by the interpretation....
The protection of registered design depends on aesthetic appeal, and if the design possesses significant artistic value, it can be safeguarded against piracy despite functional elements.
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