CS Professional · Intellectual Property Rights - Law and Practice · Industrial Designs
Arjun Ceramics' registered design for a teapot was challenged in a revocation proceeding, and the court certified that the registration was valid. Which statement correctly describes how the Designs Act, 2000 treats such certificates?
The Patents Act provisions on certificates of validity apply to registered designs under section 23. References to a patent are read as references to the copyright in the design, the patentee becomes the proprietor, and the invention becomes the design.
- AThe Patents Act provisions on certificates of validity apply to registered designs, with references to the patent read as references to the copyright in the designCorrect
- BCertificates of validity exist only for patents and never for designs
- CCertificates of validity apply to designs, but only with the substitution of references to the trademark for the patent
- DThe certificate of validity is issued by the Controller and not by a court
Explanation
Section 23 applies the Patents Act provisions on certificates of validity to registered designs, substituting references to the copyright in a design for the patent, the proprietor for the patentee, and the design for the invention. The option mentioning trademark gets the substitution wrong.
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