Supreme Court of India · 2008-05-01
Bharat Glass Tube Limited vs Gopal Glass Works Limited
- Citation / case number
- AIR 2008 SUPREME COURT 2520
- Court
- Supreme Court of India
- Petitioner
- Bharat Glass Tube Limited
- Respondent
- Gopal Glass Works Limited
- Author
- A.K. Mathur
- Bench
- A.K.Mathur, Altamas Kabir
Judgment text excerpt
The Supreme Court addressed the appeal against the Calcutta High Court's order which set aside the Assistant Controller of Patents & Designs' cancellation of a design registration under the Designs Act, 2000. The Court held that the Assistant Controller failed to consider the visual appeal of the finished product, which is crucial in determining the originality of the design. The Court reinstated the Assistant Controller's decision, emphasizing the importance of visual effect in design registration under Section 51 of the Designs Act, 2000.