cpc

violation of designs act


I HAVE FILE SUIT FOR PI IN A CASE OF VIOLATION OFTHE DESIGNS ACT,ITS PUT UP FOR XCHANGE OF ISSUES AND W.A, WHAT SHOULD BE MY ARGUMENTS AS MY DESIGN IS NEW AND INNOVATIVE AND BEING IMITATED BY THE DEFENDANT ? MY DESIGN IS BEING XPORTED  AND VERY POPULAR ABROAD.ALSO WHAT WILL BE PROPOSED ISSUES FROM MY SIDE?PLEASE HELP.....NEELAM
 

 
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I had been working in the Designs office for a quite long period as an "examiner"! After about 9 years of service I have left the Patent Office just few weeks back! As I am quite versed with the design procedures, I may suggest you something.

1. Is it a design cancellation filling at the patent office, kolkata? If yes, then beware of the assistant controller/deputy controller as they take bribes/favours to give a decision in your favour! If this is a cout case, then there is no worry at all.

2. Anyway, please prove in your petition that your design date is well ahead of the date of the defendant's design. If this is not the case, If you export your article well ahead of the design registration, you may be able to show the documents concerning the export of the said article. This will prove your novelty and originality issues.

Thanks.

 
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DEAR SIR,

                      I AM REALLY THANKFUL TO YOU FOR YOUR KIND REPLY .COULD YOU PLEASE HELP ME A  LI'L MORE ON THIS?ACTUALLY, MY DESIGN IS INSPIRED FROM CENTURIES OLD ARTFORM AND I HAVE USED THAT IDEA IN MY  HANDICRAFTS AND THIS HAS NOT BEEN EARLIER BEEN USED BY ANY OTHER PARTY .NOW, MY QUESTION IS THAT WHETHER DESIGNS INSPIRED BY CENTURIES OLD ART FORMS IS VIOLATIVE OF HE DESIGNS ACT.MY VIEW  IS THAT EVERY NEW DESIGN IS INSPIRED BY SOME OLD DESIGN AND IS BASED ON SOME OLD PATTERN AND GEOMETRY .  

 
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You need to argue in the court of law that centuries old artform is the routine source of inspiration in the field.You may add that certain modifications have been adapted in accordance with customer suggestions or demands.For the case law on the subject ,feel free to contact me at shivnathtripathi@gmail.com

 
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