Law:

Section:

(a) Registered Designs Ordinance (XLV of 2000)--Ss. 3(2), 2(e) & 10---Registration of design---Scope---Law of designs is based upon the elementary rule that a design, which is unique in its character, should be protected and not allowed to be infringed by anyone to the disadvantage and detriment of the owner of the design---Where, however, the design is not novel or original, then in such eventuality permitting registration of such design would create ownership in person or entity which is not its lawful owner---Section 10 of the Registered Designs Ordinance, 2000 entitles any interested person to get a registered design cancelled, inter alia, on the ground that the person in whose name the design is registered has no right to it. (b) Registered Designs Ordinance (XLV of 2000)- ----Ss. 2(e) & 3(2)---Design---Definition---New or original design---Determination---Design' means such finished article, which appeals to the eye to be new and original---Law makes the eye to be the judge. (c) Registered Designs Ordinance (XLV of 2000)- ----S. 3(2)---Registration of design---Scope---Only novel and original design should be protected and the monopoly of the trade in respect of a common design be discouraged---Principles---Novelty or originality of design---Slight variation in the placement of design of an article cannot constitute novelty of design---Provision of S.3(2), Registered Designs Ordinance, 2000 clearly provides that where a design of an article differs only in immaterial details or in features or shape which are variants commonly used in trade that too cannot be registered---If the design in question is already known to the world and already exists prior to the registration, claim of owner of novelty of design is not established. Messrs Western Brand Tea, Karachi v. Messrs Tapal Tea (Pvt.) Ltd. PLD 2001 SC 14; Western Engineering Co. v. Paul Engineering Co. AIR 1968 Calcutta 109; Messrs Chas A. Mendoza v. Syed Tausif Ahmed Zaidi and another PLD 1993 Kara 790; White Hudson & Co. Limited v. Asian Organization Ltd. (1964) 1 WLR 1466; Whitworths Foods Limited v. Hunni Foods (International) Ltd. and Reckitt & Colman Products Limited v. Borden Inc.…

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