Prohibition of registration of certain designs
Section 4 of the Designs Act, 2000 deals with prohibition of registration of certain designs. A design which-- (a) is not new or original; The Act came into force on 11 May 2001.
A design which--
(a) is not new or original; or
(b) has been disclosed to the public anywhere in India or in any other country by publication in tangible form or by use or in any other way prior to the filing date, or where applicable, the priority date of the application for registration; or
(c) is not significantly distinguishable from known designs or combination of known designs; or
(d) comprises or contains scandalous or obscene matter,
shall not be registered.
Section 4, The Designs Act, 2000 (Act 16 of 2000).
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Bharat Glass Tube Ltd. v. Gopal Glass Works Ltd.
Court's Decision & Legal Precedent
Judgment of Main Case order-13.pdf 2008-05-01 DATE VERIFIED. CA 3185/2008 (SLP(C) 16321/2006). A.K. Mathur / Altamas Kabir JJ. Isolate: Designs Act 2000 s.2(d) (design = features of shape/configuration/pattern/ornament applied to an article and judged by the eye), s.4 (no registration of a design that is not new or original or has been previously published in India or elsewhere), s.19 (cancellation). A prior German roller catalogue / UK registration does not cancel the Indian registration of the design as applied to glass sheets unless that design was previously applied to the same article. Do not pad s.11/s.22 (recited, not the holding). NEW central act.
On this section: Designs Act s.4 prohibits registration of a design that is not new or original or has been previously published in India or elsewhere as applied to that article (Bharat Glass Tube).
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 4
What have the courts held on Section 4 of the Designs Act?
Bharat Glass Tube Ltd. v. Gopal Glass Works Ltd. (01 May 2008) is the leading judgment on this section among those set out below: Designs Act s.4 prohibits registration of a design that is not new or original or has been previously published in India or elsewhere as applied to that article (Bharat Glass Tube).
How do I find court cases under Section 4 of the Designs Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Designs Act 2000 4, section 4 Designs Act 2000, section 4 of the Designs Act. People searching for it also type design act section 4. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Bharat Glass Tube Ltd. v. Gopal Glass Works Ltd. (01 May 2008).
When did Section 4 of the Designs Act come into force?
Section 4 of the Designs Act, cited as Designs Act 2000 4, came into force on 11 May 2001, having been enacted on 25 May 2000. It is in force as at the date shown on this page.
Other sections of this Act
- 47. Power of Central Government to make rules897 words
- 44. Reciprocal arrangement with the United Kingdom and other convention countries or group of countries of inter-governmental organisations538 words
- 42. Avoidance of certain restrictive conditions521 words
- 30. Entry of assignment and transmissions in registers474 words
- 8. Power of Controller to make orders regarding substitution of application, etc464 words
- 2. Definitions458 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.