Design Hearing

Introduction

Design hearings are crucial stages in the protection and enforcement of industrial designs. These proceedings occur before the Controller of Designs, where parties present evidence, arguments, and defences related to design rights. Hearings are judged by the Controller of Designs and any controller has various powers that can affect your design hearings positively or negatively.

 

Powers of the Controller of Designs

As per Section 32 of the Designs Act, 2000, the Controller of Designs possesses powers akin to a civil court. These include:

  1. Receiving Evidence
    • The Controller can accept evidence from parties, witnesses, and experts.
    • This evidence plays a pivotal role in determining design infringement or validity.
  2. Administering Oaths
    • The Controller can administer oaths to ensure the veracity of statements made during the hearing.
  3. Attendance of Witnesses
    • The Controller can summon witnesses to testify on design-related matters.
    • Witness statements contribute to the overall case.
  4. Discovery and Production of Documents
    • Parties can request relevant documents during the hearing.
    • This facilitates transparency and access to critical information.

 

Proceedings During Design Hearings

  1. Infringement Claims
    • Design owners present evidence to establish infringement by the alleged infringing party.
    • Defendants may challenge the validity of the design or assert independent creation.
  2. Validity Assessment
    • The Controller evaluates the novelty, originality, and non-obviousness of the design.
    • Prior art references play a significant role in this assessment.
  3. Expert Opinions
    • Expert witnesses opine on design similarity, prior art, and other relevant aspects.
    • Their testimony informs the Controller’s decision.

 

We provide diverse services in the Design field including:

  • Design Searches
  • Design Applications
  • Convention Design Filing in other countries
  • Design prosecution
  • Design registration
  • Design watch
  • Response to Office Action
  • Design hearings
  • Renewal services
  • Portfolio Management
  • Assignment Recordals
  • Licensing and Recordals
  • Due Diligence
  • Design Cancellations
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