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

A State-owned undertaking uses, without the proprietor's consent, a design registered in the name of Meera Ceramics Pvt Ltd. Meera Ceramics asserts its rights. Under the Designs Act, 2000, how does a registered design operate against the Government?

A registered design has to all intents the like effect against the Government as it has against any person. The Government is not exempt, and the Chapter XVII provisions of the Patents Act apply to registered designs as they apply to patents.

  1. AIt has no effect against the Government at all
  2. BIt has effect against the Government only in respect of war articles
  3. CIt has to all intents the like effect against the Government as against any personCorrect
  4. DIt has effect against the Government only after notification by the Central Government

Explanation

Section 20 provides that a registered design has to all intents the like effect against the Government as against any person. It also applies Chapter XVII of the Patents Act to registered designs as it applies to patents. The other options add limits that the section does not contain.

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