Designs Act

Design Rights: One Missing Mark ๐Ÿ“


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๐ŸŽจ The Devastating Design Oversight

๐ŸŒŸ Imagine spending months perfecting your product design, getting it registered, only to lose your right to damages because you forgot one tiny marking! This episode reveals how a small oversight can destroy your legal protection.

๐Ÿ’ก What You'll Discover:

  • ๐Ÿ” Why Section 15(1)(b) of India's Designs Act 2000 makes marking mandatory - not optional
  • โš–๏ธ The shocking truth: even obvious copying won't get you damages without proper marking
  • ๐ŸŽฏ Two narrow escape routes that might save your case (but they're harder than you think)

๐Ÿš€ Key Legal Requirements:

  • ๐Ÿ’Ž 'Registered' or 'RD' marking - Must appear on every single product before sale
  • โญ Registration number - Required alongside the marking for full protection
  • ๐Ÿ›ก๏ธ Textile exemptions - Special rules for printed fabrics (but not handkerchiefs!)

๐Ÿ”ง Practical Rescue Strategies:

  • ๐Ÿ“‹ Prove you took 'reasonable steps' - document your marking attempts
  • ๐Ÿ“จ Show the infringer had actual knowledge - through legal notices or other communication
  • โš ๏ธ Remember: burden of proof falls entirely on you, the design owner

๐ŸŽ™๏ธ This episode could save your business thousands by teaching you the simple marking rule that most entrepreneurs ignore - until it's too late!

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Designs ActBy Sharad Bansal