CS Professional · Intellectual Property Rights - Law and Practice · Industrial Designs
Kapoor Appliances of Pune displayed its new mixer grinder body shape at a public trade fair in Mumbai in March and filed a design application in June of the same year, with no priority claim. A competitor objects to registration. Under the Designs Act, 2000, what is the position?
The design cannot be registered. Section 4(b) prohibits registration of a design that has been disclosed to the public anywhere in India or any other country, by publication, use or any other way, before the filing date or priority date. The March trade fair display was such a disclosure.
- AThe design cannot be registered because it was disclosed to the public by use before the filing dateCorrect
- BThe design can be registered because the disclosure took place within India only
- CThe design can be registered because public display does not amount to publication
- DThe design can be registered only if it is also shown to be obscene
Explanation
Section 4(b) bars registration of a design disclosed to the public anywhere in India or elsewhere, by publication, use or any other way, before the filing date or priority date. The trade fair display in March preceded the June filing. Limiting the bar to foreign disclosures is wrong, as it covers India too.
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