CS Executive · Economic, Commercial and Intellectual Property Laws · Law relating to Designs
Arjun Appliances, a registered design proprietor, is threatened by a competitor with groundless legal proceedings over its design. Which statement correctly reflects how the Designs Act, 2000 deals with remedies for groundless threats and certificates of validity?
The Patents Act provisions on certificates of validity and on the remedy for groundless threats of legal proceedings apply to registered designs in like manner as to patents, with substitution of copyright in a design, proprietor and design for patent, patentee and invention. It is limited to these two matters.
- APatents Act provisions on groundless threats and certificates of validity apply to registered designs in like manner, with references suitably substitutedCorrect
- BDesigns have their own separate code on groundless threats and the Patents Act does not apply
- COnly the provisions on certificates of validity apply and not those on groundless threats
- DThe Patents Act applies in full to designs on every matter
Explanation
Section 23 applies the Patents Act provisions on certificates of validity and on the remedy for groundless threats of legal proceedings to registered designs in like manner, substituting references to copyright in a design, proprietor and design for patent, patentee and invention. It is limited to those two matters, so the other options are wrong.
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