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Showing contexts for: Basic design in Troikaa Pharmaceuticals Ltd. vs Pro Laboratories (P) Ltd. And Anr. on 15 May, 2008Matching Fragments
(ii) In the case of Texla Metals & Plastics Pvt. Ltd. v. Anil Bhasin and Ors. reported in 2001 (21) PTC 146 (Del.), the Court has held that mere receipt of brochures from foreign countries would not amount to publication of such designs within India. If the contention that the defendant has received brochures from Malaysia, Korea and Japan with regard to these goods, the mere receipt of such brochures would not amount to publication of such designs within India. The basic nature and design of a bollard and a delineator would essentially be the same all over the world like traffic lights for example. But what has to be remembered is that bollards and delingeators which are designed by the plaintiff and which are being manufactured by it were not available in India prior to the date of registration of the plaintiff's design. Therefore, while it can be said that the designs were not completely new or original elsewhere, it cannot be said that it is not a new or an original design so far as India is concerned. The concept of a new or an original type of design is reliable to the publication of such a design or its availability to the public in India. This decision also, therefore, does not advance the case of the defendant any further. Under the circumstances, the plaintiff has made out a case for the grant of an injunction.