CS Professional · Intellectual Property Rights - Law and Practice · Industrial Designs
Kapoor Appliances holds a registered design for a water purifier casing. A State-run agency wishes to use the design for its own supply programme. Under section 20 of the Designs Act, 2000, what is the position?
A registered design binds the Government just as it binds any person. Section 20 also applies Chapter XVII of the Patents Act, 1970 to registered designs as it applies to patents, so Government use is governed by that framework and not by a blanket exemption.
- AGovernment can use it freely since a registered design does not bind Government
- BA registered design has the same effect against Government as against any person, with Chapter XVII of the Patents Act, 1970 applying to designs as it does to patentsCorrect
- COnly the Controller can allow Government use, without any other provision
- DGovernment use is allowed only if the design is not registered in India
Explanation
Section 20 states a registered design has to all intents the like effect against the Government as against any person, and applies Chapter XVII of the Patents Act, 1970 to registered designs as it applies to patents. So Government is bound, with the Chapter XVII provisions governing its use.
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