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

Anita files a design application and the Controller's office receives the papers, but the prescribed fee is not paid. Under section 24, what is the legal position of the proceeding?

The proceeding is of no effect unless the prescribed fee has been paid. Section 24(2) makes payment of the fee essential for any proceeding for which a fee is payable under the Act or its rules.

  1. AIt is of no effect unless the fee has been paidCorrect
  2. BIt is valid, and the fee may be recovered later as arrears
  3. CIt is valid but the registration is kept in abeyance
  4. DIt is valid only if the fee is below a prescribed limit

Explanation

Section 24(2) states that a proceeding for which a fee is payable under the Act or rules shall be of no effect unless the fee has been paid. It is not merely delayed or recoverable later as arrears.

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