Patents and
Designs Act [II of 1911]
Section 2(5)—
A design to
be registrable need not also possess artistic merit but it must be new in
itself. The novelty or originality of a design is judged solely by the eye with
reference to the external appearance of the finished articles to which the
design applied.
National
Fans Ltd vs Md Firoz and another 50 DLR 437.
Section 51A—
For the
purpose of cancellation it is not necessary for the respondent’s design to be
exact reproduction or copy of the petitioner’s design to the minutest detail.
It will be enough if they appear to be two species of the same design.
National
Fans Ltd vs Md Firoz and another 50 DLR 437.
Section 51A—
By reason of
registration the proprietor may claim protection under the act. But entry in
the register is not conclusive thereof and the presumption can be rebutted.
National
Fans Ltd vs Md Firoz and another 50 DLR 437.
Section 51A—
Application
before this Court being a counter-blast of the notice issued for and on behalf
of opposite party and when the petitioner has not approached this court with
clean hands he is not entitled to any relief as prayed for.
Abdul
Khaleque vs National Fans Ltd & another 50 DLR 453.
Section 51A—
No design
shall be accounted new or original if it only differs from the earlier design
by an immaterial detail, which means that any variation must not be trivial or
infinitesimal which a skilled person might make between the articles for commercial
purpose.
National
Fans Lt vs Haji Md Firoz and another 47 DLR 285.