Skip to content

CS Executive · Economic, Commercial and Intellectual Property Laws · Law relating to Designs

A design is registered for a casing used in military vehicles. The Central Government notifies in the Official Gazette that registrations of such designs be cancelled in the interest of the security of India. Which statement is correct under section 46?

The Controller must take the cancellation action specified by the Central Government's notification and must not disclose information he considers prejudicial to India's security. Section 46 applies notwithstanding other provisions, so no section 19 petition or High Court approval is required.

  1. AThe Controller shall take the specified cancellation action, and also shall not disclose information he considers prejudicial to India's securityCorrect
  2. BThe Controller may act only after a petition by a person interested under section 19
  3. CThe Controller may cancel only if the High Court approves each case
  4. DThe Controller must publish all details of the application so that the owner can object

Explanation

Section 46 begins notwithstanding other provisions. Clause (a) bars disclosure of information the Controller considers prejudicial to security, and clause (b) requires him to take cancellation action the Central Government specifies by Gazette notification. No petition or High Court approval is needed, and publication is contrary to clause (a).

Did you get it right without looking?

One question tells you little. A timed set on Law relating to Designs shows your real accuracy, how long you take and where you lose marks.

Practise Law relating to DesignsFree diagnostic mock

More Law relating to Designs questions