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).