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      Question

      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?
      A Novelty and originality are identical concepts; both require that the design must never have been used anywhere in the world Correct Answer Incorrect Answer
      B Novelty means the design has not been published or used in India; originality means the design originates from the author, including old designs applied in a new way the Supreme Court held that a design published only in foreign catalogs but not published or used in India still qualifies as original under Indian law Correct Answer Incorrect Answer
      C Originality requires the design to be entirely new globally; novelty only requires it to be new in India the Supreme Court held that both requirements must be independently satisfied Correct Answer Incorrect Answer
      D Novelty applies only to shape and configuration; originality applies only to pattern and ornamentation the Court recognised this distinction as the basis for dual protection Correct Answer Incorrect Answer

      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.

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