- Author(s): Eashan Ghosh
- Publisher: Thomson Reuters
- Edition: 1 Ed 2022
- ISBN 13 9789393702173
- Approx. Pages 160 + Contents
- Format Paperback
- Approx. Product Size 24 x 16 cms
- Delivery Time Normally 7-9 working days
- Shipping Charge Extra (see Shopping Cart)
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Description
We tend, in India, to view intellectual property law as the sum of its parts.
A typical understanding of the subject might recognise, for instance, that there is trade mark law, patent law and copyright law. Add them all up, and you get intellectual property law. In this rendition, intellectual property law is an eclectic subject. One branch of intellectual property, however, calls the lie on this eclecticism.
Indian designs law does not and cannot function as a separate discipline of intellectual property law in any meaningful sense. In fact, each major discipline within intellectual property that is not designs law casts a long shadow over it.
The commercial right that lies at the core of a registered design is, quite literally, called a copyright in the design. Some of the most elaborate judicial discussions in India in the last decade have involved the combination of design infringement causes with passing off. Muc of the substantive law under the incumbent Designs Act operates under the agreement th it shall apply to registered designs as it does to patents.
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Table of Contents
Chapter 1. More than Fifty Times: The Design and Copyright Overlap in India
Chapter 2. In Any Other Country: Prior Publication Under Indian Designs Law
Chapter 3. New or Original: Novelty and Originality Under Indian Designs
Chapter 4. Cancelled: The Cancellation of Design Registrations in India
Chapter 5. Not Every Resemblance: The Infringement Inquiry Under Indian Designs
Chapter 6. The Cases that Changed Everything: Recent Decisions that Have Shaped Indian Designs Law
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Author Details
EASHAN GHOSH is a lawyer, consultant and teacher specializing in intellectual property law. He teaches intellectual property law at the National Law University, Delhi, and the National Law School of India University, Bangalore. Eashan graduated from the National Law School of India University, Bangalore, as a six-time gold medallist, and from the University of Oxford with Distinction honours.
His writing on intellectual property law has been published in several academic journals in India and Europe, and has been referenced by the Delhi High Court and the National Judicial Academy. He is also a contributor to SpicyIP, one of the world's leading intellectual property blogs. The Finished Article is Eashan's second book, following Imperfect Recollections: The Indian Supreme Court on Trade Mark Law (2020)