Hero MotoCorp Limited v. M/S Shree Amba Industries

Court

Delhi High Court, India

Our Position

INTA does not support the interpretation of the statutory definition of “Article” under the Designs Act, 2000, in India as held in the Order dated August 18, 2023, in the matter of Hero MotoCorp Limited v. M/S Shree Amba Industries [CS (Comm) 1078/2018].

In particular, INTA does not support the interpretation of the Hon’ble Single Judge that the phrase “any part of an article capable of being made and sold separately” used in Section 2(a) of the Designs Act, 2000, is intended to include only parts of articles that can be sold as articles that have an independent life as articles of commerce and not merely as substitutes/accessories.

Accordingly, INTA does not support the finding of the Hon’ble Single Judge that a part of an article that has no independent life as an article of commerce in itself is not an article within the meaning of Section 2(a) of Designs Act, 2000, and thus that the design of such an article is not registrable.

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