Mere ‘Idea In Vacuo’ Not Protected Under Designs Act, Test To Decide If A Shape Or Pattern Constitutes Design Is Visual: Delhi High Court
Nupur Thapliyal
11 July 2023 2:16 PM IST

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11 July 2023 2:16 PM IST
The Delhi High Court recently ruled that the Designs Act protects an idea which is to be applied to an article and not a mere “idea in vacuo” and that the test to decide if a shape or pattern applied to an article constitutes a design is ocular or visual.Justice C Hari Shankar observed that an idea, which is not intended for “temporal manifestation”, by application of an...
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Nupur Thapliyal is a Principal Correspondent with LiveLaw, based in New Delhi. She reports from the Delhi High Court and trial courts in the national capital
