Section 16 of the Act mentions certain circumstances where disclosure of a design cannot be rendered as a publication to alter the status of the novelty of that design. Disclosure of a design cannot be considered as a publication of design in cases where the proprietor of the design imparts his design to a person in good faith, and that person discloses the design by using or publishing it in breach of good faith.
Acknowledgment of first and confidential order for registration of articles incorporating a novel or original textile design cannot be considered as a publication of disclosure of the design. Section 21 of the Act mentions circumstances where an exhibition of a design cannot prevent it from getting registration.
The exhibition of a design or an article embodying the novel design without the prior consent of the proprietor shall not prohibit the registration of such design if the design is displayed in an industrial exhibition or exhibition to which the provisions of Section 21 of the Designs Act, have been extended.
The publication of the description of the design during the period of exhibition or subsequently shall not create hindrance to the registration of the design. However, there are certain requirements to be fulfilled to register the design posterior to the exhibition.
A prior notice has to be furnished to the controller in the prescribed manner by the exhibitor exhibiting the design or article embodying the design or by the publisher publishing a description of the design. An application of registration of the design has to be filed within six months of the date of the exhibition of the design or publication of the description of the design. Some look for artistic merit.
Some are attracted by a design which is strange or bizarre. Many simply choose the article which catches their eye. Whatever the reason may be, one article with a particular design may sell better than one without it.
It would, therefore be profitable to use a design which will attract customers. The law protecting designs was governed by the Designs Act which had now been replaced by the Designs Act which has been brought into force with effect from 11th May Copyright in an industrial design or product design is governed by the Designs Act If a design is registered under this act it is not eligible for protection under copyright Act even though it may be original artistic work. A design in order to be registrable must be new or original not previously published in India or anywhere in the world.
A design may be incorporated in the article itself as in the case of a shape or configuration which is three dimensional in nature or it may be represented two dimensionally on a piece of paper in such a way that the article to which it is applied could be visualized An industrial design is different from a trademark.
If after the expiry of the monopoly period, the design is not used by other traders it might in course of time become distinctive of the goods of the original proprietor and acquire significance as a trademark. A design is something which is applied to an article and is not the article itself. But, the science may already be known and in-line with others work. To me originality means an insight that has emerged as a result of data analysis and research while novelty reflects an idea that is different from the norm.
Journals would commonly ask you to supply a statement that research reported about is original meaning that you write it and is not copy-pasted plagiarized. Originality is something authors need to self-declare in a cover letter to the journal Editor. They always ask you to demonstrate originality and novelty of your research proposal, but very often are taken two two as synonyms. What they want you to write down is if and how your proposal is innovative and pushing your field in ways nobody as done before.
Novelty is associated with newness. Originality is associated with the problem that originated in you. The idea is yours means original. That might have originated by reading some others work. However if few new things are discussed away from the seed work it will augment the understanding and would provide more insights.
Not all originality have a novelty. Originality of a problem plus a new methodology or new approach might give a novelty. I would like to thank all colleagues who share there great ideas and make this discussion attractive. I found the information here useful but i have a question.
Some say novelty is related to the subject of the research while others say it is the new method one develops. I am working on trying to deduce how safe the electric car as some people suffer hypersensitivity from EMF devices. How do i coin my new method in the introduction of manuscript. Find attached a copy of my work for your perusal. This statement "i am proposing a different way of assessing EMF effects" is what I thing defines Novelty. If you observe new phenomena or reach a new understanding during the course of your work, it is Originality.
Novelty in the particular research area can be identified by a thorough literature search. It will tell us what is known and what are not known means the research gaps. Research topics that are studied but reports are still contradictory may have novelty.
Many times, a novel research might just mean disproving what is already known. User Settings. Skip carousel. Carousel Previous. Carousel Next. What is Scribd? Originality Vs Novelty.
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