LAWS(CAL)-2012-8-111

DEVANS MODERN BREWERIES LTD Vs. CONTROLLER OF PATENTS

Decided On August 02, 2012
Devans Modern Breweries Ltd Appellant
V/S
CONTROLLER OF PATENTS Respondents

JUDGEMENT

(1.) The Court: In terms of the order dated 26th July, 2012, Dr. Sukanya Chattopadhyay, the Assistant Controller of Patents And Designs, Kolkata is personally present. This appeal has been preferred by the appellant under section 36 of the Designs Act, 2000 against an order dated 11th January, 2012, passed by the Assistant Controller of Patents & Designs, Kolkata, under section 5(4) of the Designs Act, 2000. By the impugned order, the Assistant Controller refused registration of a design under application No. 233798.

(2.) After considering the submissions made by the learned Advocates for the parties and upon perusing the impugned order, it appears that the registering authority was, inter alia, of the view that novelty alone was not sufficient for registration of design and there had to be substantial originality in a design. If that was not established, then the application for registration ought not to be allowed to proceed for registration.

(3.) During the course of hearing, designs more or less of a similar nature, which were already registered, were produced. This Court, however, did not notice substantial originality in them. Certainly there were variations, but such variations alone could not have allowed registration of those designs, if one takes into account the views expressed by the Assistant Controller of Patents & Designs in the impugned order.