Back
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
SUDESH BANSAL
S.N. Kapoor Export (Bhagidari Firm) – Appellant
Versus
Saraswati Global Limited – Respondent
| Table of Content |
|---|
| 1. plaintiff's copyright infringement claim. (Para 1 , 2 , 3) |
| 2. jurisdictional framework of design act. (Para 7 , 8 , 12 , 13) |
| 3. jurisdictional arguments regarding transfer. (Para 10 , 11) |
| 4. judicial precedents on jurisdiction. (Para 14 , 15 , 16) |
| 5. requirement for substantial ground for cancellation. (Para 18 , 19) |
| 6. conditions for invoking section 22(4) of design act. (Para 22 , 23) |
| 7. conclusion and direction for case handling. (Para 24 , 25 , 26 , 27 , 28 , 29) |
ORDER :
1. Plaintiff instituted three separate suits, claiming itself to have a registered Copyright of three different Designs, for manufacturing/sale of carpet and alleging infringement of its registered Design by the respondent-defendant, prayed for issuance of a decree of permanent injunction against the defendant as also prayed to award damages.
2. Plaintiff filed these suits before the District Judge, Jaipur Metro by virtue of proviso appended to Sub Section 2 of Section 2 2 of the Designs Act, 2000 (for short, ‘the Act of 2000’) which later on came to be transferred to the Court of Additional District & Sessions Judge No.2, Jaipur Metro.
3. Plaintiff and defendant in all three suits are common partie
Jurisdiction under the Designs Act, 2000 cannot be ousted merely on basis of cancellation pleas unless substantive grounds are presented, justifying transfer to higher courts.
The main legal point established in the judgment is the maintainability of a counter claim seeking cancellation of registered designs under Section 19 of the Designs Act.
The Designs Act, 2000 mandates that cancellation petitions must be filed with the Controller, not the High Court, thereby limiting the jurisdiction of the High Court in such matters.
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 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....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
