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

A private company holds a registered design for a ceramic water filter. A government department begins using the design without the proprietor's consent. Which statement is correct under the Designs Act, 2000?

A registered design has the same effect against the Government as against any person, and Chapter XVII of the Patents Act, 1970 applies to registered designs as it applies to patents. The Government is therefore not immune and no separate notification is needed.

  1. AThe design cannot bind the Government because the State is immune
  2. BThe design binds the Government only if the article is for military use
  3. CThe design binds the Government only after a special notification
  4. DA registered design has the like effect against the Government as against any person, and Chapter XVII of the Patents Act, 1970 applies as it applies to patentsCorrect

Explanation

Section 20 gives a registered design the like effect against the Government as against any person, and applies Chapter XVII of the Patents Act to registered designs as to patents. No notification or military limit is required.

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