Reckitt Benckiser (India) Ltd. v. Wyeth Ltd. [AIR 2013 DELHI 101]
FACTS
- In this case, the issue was regarding the registration of S-shaped spatulas.
- Wyeth Ltd. claimed that the defendant’s design was not original as it has already been registered in a foreign country before its registration in India.
- Filed suit asking to cancel registration of defendant’s design as it was copied from their design.
- Reckitt Benckiser argued that in the case of Dabur India v Amit Jain, the Calcutta High Court had observed that registration in foreign nations of a design is not a valid ground for cancellation of such design in India
ISSUE
- Is there infringement of the spatula
- Is foreign registration grounds for design cancellation in India
HELD
- The Delhi High Court overturned this stating that the Calcutta High Court overlooked vital provisions of the act and the design needs to be novel.
- The Dabur case would also be reconsidered.
- Further held that if it can be shown that the design was disclosed anywhere in India or a foreign country by means mentioned under Section 4(b) then the registration is India would be considered to be cancelled and it can be sought as a defence against alleged infringement under Section 22(3).
- Only new and novel designs can be registered.
Video Summary - https://www.youtube.com/watch?v=Mcn08pivylU&list=PL-1DBVyVi7EaCojbQa5_XKBVJqA1y1REh&index=6