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CS Professional · Intellectual Property Rights - Law and Practice · Industrial Designs

In a suit by Arvind Ceramics, the validity of its registered tile design is questioned and the court certifies that the design is valid. Arvind wants to know the basis on which this certificate is available. Which statement is correct under the Designs Act, 2000?

Patents Act provisions on certificates of validity apply to registered designs under Section 23 of the Designs Act. References to a patent are read as references to copyright in the design, the patentee as the proprietor, and the invention as the design. Exhibition or register entries are unrelated to this.

  1. APatents Act provisions on certificates of validity apply to registered designs, with references to the patent read as references to copyright in the designCorrect
  2. BCertificates of validity are available only for patents and never for designs
  3. CCertificates of validity apply to designs only if the design was exhibited at a notified exhibition
  4. DCertificates of validity for designs are governed by the register of designs being prima facie evidence

Explanation

Section 23 extends the Patents Act provisions on certificates of validity to registered designs, substituting copyright in a design for the patent, the proprietor for the patentee and the design for the invention. Exhibition and register evidence are separate matters and do not create the certificate.

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