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

A design is registered for a component used in military vehicles. The Controller considers that disclosing information about its registration would harm the security of India. Which course is consistent with the Designs Act, 2000?

The Controller must not disclose information he considers prejudicial to the security of India, and must take any cancellation action regarding such registered designs that the Central Government specifies by notification in the Official Gazette in the interest of security of India.

  1. AThe Controller must disclose it, since all register entries are public
  2. BThe Controller must not disclose such information and must take the cancellation action the Central Government specifies by notification in the Official Gazette in the interest of security of IndiaCorrect
  3. CThe Controller may disclose it after taking the design proprietor's consent
  4. DThe Controller may cancel the design on his own without any notification by the Central Government

Explanation

Under section 46, notwithstanding anything in the Act, the Controller shall not disclose information he considers prejudicial to the security of India and shall take cancellation action as the Central Government specifies by Official Gazette notification. Option D is wrong because the cancellation action follows the Central Government's notification, and consent of the proprietor is not the test.

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