https://www.taxtmi.com/caselaws?id=429612 Novelty and originality in a registered design must be assessed as of the registration date, by reference to prior disclosure or public availability, not by the mere present presence of similar products in the market. A court-directed market survey, without evidentiary linkage to prior publication or earlier availability, is insufficient to displace prima facie design protection. The design also was not shown to be merely a trade variant or common to trade; the relevant test is whether it is significantly distinguishable from known designs at the time of registration. Interim protection was therefore held to be warranted pending trial. en-us Thu, 27 Oct 2022 00:00:00 +0530 Wed, 02 Nov 2022 09:11:01 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=429612 Novelty and originality in a registered design must be assessed as of the registration date, by reference to prior disclosure or public availability, not by the mere present presence of similar products in the market. A court-directed market survey, without evidentiary linkage to prior publication or earlier availability, is insufficient to displace prima facie design protection. The design also was not shown to be merely a trade variant or common to trade; the relevant test is whether it is significantly distinguishable from known designs at the time of registration. Interim protection was therefore held to be warranted pending trial. Case-Laws Indian Laws Thu, 27 Oct 2022 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=429612