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CS Executive · Economic, Commercial and Intellectual Property Laws · Law relating to Designs

Kapoor Ceramics displayed its new teapot design at a trade fair in Dubai in March and filed for registration in India in June, with no priority claim. The design is otherwise original. What is the position under section 4 of the Designs Act, 2000?

The design cannot be registered. Section 4(b) prohibits registration of a design disclosed to the public anywhere in India or in any other country, by use or any other way, before the filing or priority date. The foreign trade-fair display counts.

  1. AIt can be registered because the disclosure was outside India
  2. BIt can be registered because only disclosure by publication in tangible form counts
  3. CIt cannot be registered because it was disclosed to the public in another country before the filing dateCorrect
  4. DIt can be registered if the registration fee is doubled

Explanation

Section 4(b) bars registration of a design 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 Dubai display is such a disclosure, and no priority date applies. The place of disclosure is irrelevant, and fees cannot cure the bar.

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