The Jurisdiction Saga on the interplay of the Design Act, 2000 and the Commercial Courts Act, 2015
In a very lucid judgment in the case of S.D. Containers vs. Mold-tek Packaging Limited (Civil Appeal No. 3695 of 2020), the Supreme Court of India decided the matter clearing the air of doubt on the interplay of the Design Act, 2000 and the Commercial Courts Act, 2015. Relevant facts on background of the case - Mold-tek Packaging Limited (hereinafter Plaintiff/Respondent), a manufacturer and seller of plastic packaging material who obtained design registration for its container's lids, jars etc. in 2015 and 2017. In late 2019, the Plaintiff/Respondent came to know about S.D. Containers (hereinafter Defendant/Appellant) who allegedly infringed design of the Plaintiff/Respondent. The Plaintiff/Respondent filed a civil suit before the Commercial Court at Indore seeking permanent injunction against the Defendant/Appellant from copying and using the design of the Plaintiff/Respondent as described in Design Application No. 299039 and 299041 for the containers and lids, respectively. The