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

Ishaan Crafts, a Jaipur firm, applies to register a lamp-shade design. The design includes an image that the examiner finds scandalous and obscene, though the shape is entirely new. Under the Designs Act, 2000, what is the position?

The design cannot be registered. The Designs Act, 2000 expressly prohibits registration of a design that comprises or contains scandalous or obscene matter, and this prohibition applies independently of whether the design is new or original.

  1. AThe design can be registered because novelty is the only test
  2. BThe design can be registered if the applicant pays an additional fee
  3. CThe design cannot be registered because it contains scandalous or obscene matterCorrect
  4. DThe design can be registered but cannot be published

Explanation

Section 4(d) prohibits registration of a design that comprises or contains scandalous or obscene matter. Novelty does not cure this independent ground. No fee or non-publication route exists in the text.

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