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

Arjun Imports brings into India a consignment of ceramic lamp bases bearing an obvious imitation of a design registered by Lakshmi Ceramics in that class of articles. Arjun intends to sell them and has no consent from Lakshmi. Which statement is correct under the Designs Act, 2000?

Importing the lamp bases for sale without Lakshmi Ceramics' consent is a prohibited act during the existence of copyright. The Act covers importing articles of the registered class bearing the design or any fraudulent or obvious imitation, so an inexact copy gives no protection.

  1. AImporting for the purposes of sale without the proprietor's consent is a prohibited act during the existence of copyrightCorrect
  2. BImportation is prohibited only if the goods are not meant for sale
  3. CImportation is lawful if the imitation is only obvious and not exact
  4. DImportation is prohibited only if the Controller has first inspected the goods

Explanation

Section 22(1)(b) makes it unlawful to import for the purposes of sale, without the registered proprietor's consent, any article of the registered class bearing the design or a fraudulent or obvious imitation. Imitation is expressly covered, so the third option is wrong.

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