Gopinath and Sandesh have authored an article, “Registered Designs: Why a Small Mark Can Make a Big Difference,” published by Lexology on October 1, 2026
The article examines the importance of marking products carrying registered designs under the Indian Designs Act, 2000. It explains the distinction between the validity of a registered design and the proprietor’s ability to claim penalty or damages for infringement, highlighting how proper marking or other forms of notice can strengthen the proprietor’s position.
Drawing on Indian decisions including Pilot Pen Co. Pvt. Ltd. v. Gujarat Industries Pvt. Ltd. and Herbertsons Ltd. v. Crag Martin Distillery Pvt. Ltd., the authors also discuss practical alternatives where physical marking may not be feasible, including marking packaging, labels, tags, invoices, catalogues and websites, while maintaining dated evidence of such notices.
ABOUT THE AUTHORS
Gopinath AS
Gopinath AS is a Partner with K&S Partners and has over 13 years of experience in the mechanical engineering & design domains.
- gopinath@knspartners.com
Sandesh Sastry
Sandesh Kudur Sastry is a Partner with K&S Partners, bringing over 9 years of experience in the mechanical and design domains.
- sandesh.sastry@knspartners.com