Designs Act

AI Art vs Design Law ๐Ÿค–


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๐Ÿค– When AI Meets Design Law

๐ŸŒŸ Imagine an AI startup creates stunning artwork and registers the design, only to face a competitor claiming it's just a "trade variation" of existing designs. How do courts decide what's truly original in the age of artificial intelligence?

๐Ÿ’ก What You'll Discover:

  • ๐Ÿ” Why "looking different" isn't enough - the novelty test that trips up most designers
  • โš–๏ธ The "original mental application" standard that determines if human creativity was involved
  • ๐ŸŽฏ How showing your design to even one person can destroy your legal protection
  • ๐Ÿšจ Why absolute novelty is required - no shortcuts allowed

๐Ÿš€ Real Cases Discussed:

  • ๐Ÿ’Ž Hello Mineral Water Pvt Ltd vs Thermo King California Pure - Why cylindrical water dispensers taught us that shape alone doesn't create novelty
  • โญ Rotella Auto-Components vs Jaspal Singh - The landmark case that established the "original mental application" test
  • ๐Ÿ† Crocs Inc USA vs Liberty Shoes Limited - How even globally popular designs can fail legal protection
  • ๐ŸŽจ Vimco Limited vs Meena Match Industries - The prior publication trap that catches unsuspecting designers

๐Ÿ›ก๏ธ Four Essential Tips for AI Startups:

  • ๐ŸŽจ Ensure sufficient visual distinctiveness - cosmetic changes won't cut it
  • ๐Ÿค Avoid prior publication - keep designs confidential before registration
  • ๐Ÿ“ Document your creative process - prove that original thinking happened
  • โœจ Focus on aesthetic value - functional designs often lack protection

๐ŸŽ™๏ธ This episode reveals why the bar for design protection is surprisingly high and poses a fascinating question: as AI becomes more sophisticated, will we need to redefine what "original mental application" means in the digital age?

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Designs ActBy Sharad Bansal