CS Professional · Intellectual Property Rights - Law and Practice · Industrial Designs
Ishaan Toys claims it owns a registered design, relying on the entry in the register of designs kept at the patent office. The rival Mehra Plastics disputes the matter. What is the evidentiary value of the register under the Designs Act, 2000?
The register of designs is prima facie evidence of any matter that the Act directs or authorizes to be entered in it. That makes it rebuttable rather than conclusive, and it covers all such matters, not merely proprietors' names and addresses.
- AIt is conclusive proof of every matter entered in it
- BIt is prima facie evidence of any matter the Act directs or authorizes to be entered in itCorrect
- CIt has no evidentiary value unless a certified copy is filed
- DIt is evidence only of the names and addresses of proprietors, not of other entries
Explanation
Section 10(4) says the register is prima facie evidence of any matter directed or authorized by the Act to be entered. Prima facie is rebuttable, so it is not conclusive, and it is not limited to names and addresses.
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