Under Section 4 of the Designs Act, 2000, a design is registrable only if it is "new or original." How did the Supreme Court define "originality" in Bharat Glass Tube Ltd.
v. Gopal Glass Works Ltd. (2008), and what is the key distinction between novelty and originality?

Solution

Section 4 of the Designs Act, 2000 prohibits registration of a design that is not new or original, that has been disclosed to the public anywhere in India or any other country by publication or use, or is not significantly distinguishable from known designs. Section 2(g) defines "original" as a design that originates from the author, expressly including cases where "though old in themselves yet are new in their application" meaning an old motif or design applied to a new article in a new manner can still be original. In the landmark Bharat Glass Tube Ltd. v. Gopal Glass Works Ltd. (2008), the Supreme Court upheld Gopal Glass's registered design for a decorative pattern on glass sheets even though similar designs appeared in foreign catalogs, holding that since the design had not been published or used in India, it retained originality under Indian law. This case established that the test of novelty/originality under Indian design law is India-centric for prior use, but global for prior publication making it crucial for applicants to file before any international publication.