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

Arjun Industries is threatened with legal proceedings by a registered design proprietor, and the threat is groundless. Under the Designs Act, 2000, how is the remedy for groundless threats made available?

The Patents Act provisions on remedy for groundless threats of legal proceedings apply to registered designs in like manner as to patents. References to the patentee are read as the proprietor of the design, the patent as copyright in a design, and the invention as the design.

  1. AThrough Patents Act provisions on groundless threats applied to registered designs, with references to patentee read as proprietor of the designCorrect
  2. BOnly through a fresh criminal complaint under the Designs Act
  3. CNo remedy exists for designs as it exists only for patents
  4. DThrough the Controller's power to cancel the design in the interest of security of India

Explanation

Section 23 applies the Patents Act provisions on certificates of validity and on groundless threats to registered designs, with substitutions: copyright in a design for patent, proprietor for patentee, design for invention. Section 46 concerns national security, not threats.

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