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Design Law Declared by the Supreme Court of India

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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]