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

A design registered for a component of a military vehicle is considered by the Central Government to affect India's security. Which statement is correct under the Designs Act, 2000?

Under section 46 the Controller must not disclose information he considers prejudicial to the security of India and must take cancellation action on designs the Central Government specifies by Official Gazette notification. This operates notwithstanding the rest of the Act and needs no section 19 petition.

  1. AThe Controller must publish all details of the design irrespective of security concerns
  2. BThe Controller must not disclose information he considers prejudicial to security, and must act on cancellation of designs the Central Government specifies by notificationCorrect
  3. COnly the High Court may decide on non-disclosure
  4. DCancellation for security reasons requires a petition by a person interested under section 19

Explanation

Section 46 overrides other provisions. The Controller shall not disclose information he considers prejudicial to the security of India, and shall take cancellation action on designs the Central Government specifies by notification in the Official Gazette. This does not depend on a section 19 petition.

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