Design filing outside India may not be a prior publication

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A full bench of Delhi High Court recently clarified that the mere existence of a design in the records of the registrar of design in a country that is a signatory to the Paris Convention for the Protection of Industrial Property may not amount to prior publication.

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The update of court judgments is compiled by Bhasin & Co, Advocates, a corporate law firm based in New Delhi. The authors can be contacted at lbhasin@bhasinco.in or lbhasin@gmail.com. Readers should not act on the basis of this information without seeking professional legal advice.