Design Law Declared by the Supreme Court of India
NOPR - NISCAIR Online Periodicals Repository
View Archive InfoField | Value | |
Title |
Design Law Declared by the Supreme Court of India
|
|
Creator |
Raza, Aqa
Alam, Ghayur |
|
Subject |
Design Law
Supreme Court of India Law Declared Article 141 The Constitution of India The Designs Act, 1911 The Designs Act, 1957 Interpretation-Construction Constructed Meaning Principles Bench Decisions Dissenting Concurring New Original Registration Cancellation Transfer of Suit The Commercial Courts Act, 2015 |
|
Description |
236-241
By virtue of Article 141 of the Constitution of India (hereinafter, the Constitution), the law declared by the Supreme Court of India (hereinafter, the Supreme Court) is the law of the land. The Supreme Court furtherance to its law-declaring power under Article 141 of the Constitution has declared design law only in three decisions. This Paper seeks to cull out the principles of design law declared by the Supreme Court in the last 72 years. There are only three reported decisions of the Supreme Court on the design law of which two are Division Bench decisions and one is Full Bench decision. Number of decisions per year is not even one. On an average, the Supreme Court has decided 4 cases in a year, or one design case in 8,836.66 days or in 24.21 years. Since the number of reported decisions is very less so only few questions of design law have been answered by the Supreme Court. A review of decisions of the Supreme Court on the design law reveals that: (i) unlike the patent and copyright decisions, the Supreme Court has declared the design law in all the three reported decisions; (ii) no case is reported in which the constitutionality of The Designs Act, 2000 was challenged; (iii) no Constitution Bench or Single Bench decision is reported; (iv) no Chief Justice of India was on the bench in any decision; (v) the Court has unanimously declared the design law; and (vi) no dissenting or concurring judgment is reported. |
|
Date |
2023-05-30T09:19:19Z
2023-05-30T09:19:19Z 2023-05 |
|
Type |
Article
|
|
Identifier |
0975-1076 (Online); 0971-7544 (Print)
http://nopr.niscpr.res.in/handle/123456789/61968 https://doi.org/10.56042/jipr.v28i3.601 |
|
Language |
en
|
|
Publisher |
NIScPR-CSIR,India
|
|
Source |
JIPR Vol.28(3) [May 2023]
|
|