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CS Professional · Intellectual Property Rights - Law and Practice · Industrial Designs

Anil's application to register a lamp design was refused by the Controller, and Anil did not pursue it further. A competitor, Kiran, asks the Controller to let him inspect Anil's drawings and specimens filed with that application. What is the position under the Designs Act, 2000?

Kiran cannot inspect them. Under Section 28, once an application is refused or abandoned, the application and its drawings, photographs, tracings, representations or specimens are never open to public inspection or publication by the Controller.

  1. AKiran may inspect them after six months
  2. BKiran may inspect them on paying the prescribed fee
  3. CKiran may inspect them only if he files a cancellation petition
  4. DThe documents shall not at any time be open to public inspection or be published by the ControllerCorrect

Explanation

Section 28 provides that where an application has been abandoned or refused, the application and the drawings, photographs, tracings, representations or specimens left with it shall not at any time be open to public inspection or be published. Inspection under Section 7 applies only after registration.

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